Report,  Findings  and  Award 

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OF  THE 

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PUBLIC  SERVICE  COMMISSION 
OF  INDIANA 

IN  THE  ARBITRATION  PROCEEDINGS 

BETWEEN  THE 

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^  INDIANAPOLIS  TRACTION  AND  TERMINAL 

COMPANY 

AND 

ITS  EMPLOYES 


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PUBLIC  SERVICE  COMMISSION 

OF 

INDIANA. 

TO: 


George  L.  Heede, 

W.  H.  Mayfield, 

R.  A.  McDaniel, 

W.  H.  Esary, 

James  W.  Fisher, 

Ralph  W.  Belch, 

William  F.  White, 

Albert  H.  Brown  and 

John  Maloney,  a  Committee  of  Employes  of  the 

Indianapolis  Traction  and  Terminal  Company, 
and  Indianapolis  Traction  and  Terminal  Com¬ 
pany. 

The  undersigned,  constituting  the  Commission  selected 
by  you,  to  whom  should  be  referred  “All  grievances  of  every 
kind  and  character  as  to  wages  and  conditions,”  and  who  were 
authorized  to  “take  up  and  hear  evidence  of  all  parties  inter¬ 
ested  on  said  grievances  as  to  wages,  hours  and  conditions  and 
services,”  and  whose  decision  was  “to  be  for  a  period  of  three 
years  and  to  be  binding  upon  all  parties  thereto,”  have  the 
honor  to  make  to  the  parties  to  the  submission  the  following 
report,  findings  and  award : 


fC 


1 


The  authority  of  the  Commission  thus  selected  to  make  a 
binding  award  is  found  in  a  written  instrument,  in  the  words 
and  figures,  following,  to-wit : 

PROPOSITION. 

1.  That  the  Indianapolis  Traction  and  Terminal  Com¬ 
pany  agrees  that  all  men  who  went  out  on  the  strike  declared 
October  31,  1913,  shall  return  to  work  with  full  seniority 
rights  and  without  prejudice  and  all  men  who  were  discharged 
on  account  of  becoming  members  of  a  labor  organization  or 
contemplating  the  same  be  reinstated  without  prejudice,  but 
the  Company  shall  not  be  required  to  reinstate  any  employe 
who  has  taken  part  in  acts  of  violence  against  its  property. 
Any  employe  whose  reinstatement  is  refused  shall  have  the 

right  to  be  heard  by  the  Public  Service  Commission  of  Indi¬ 
ana  and  if  its  decision  is  in  his  favor  shall  be  reinstated. 

2.  That  all  grievances  of  every  kind  and  character  as 
to  wages  and  conditions  shall  within  five  (5)  days  from  the 
resumption  of  the  service  by  the  Company  be  presented  to  and 
taken  up  by  the  Company,  and  if  not  satisfactorily  adjusted 
within  ten  (10)  days  thereafter  shall  be  referred  to  the  Public 
Service  Commission  of  the  State  of  Indiana  for  final  decision. 
All  members  of  the  Commission  shall  sit  upon  hearing  and 
participate  in  decision.  Said  decision  to  be  for  a  period  of 
three  years  and  to  be  binding  upon  all  parties  thereto. 

3.  This  tentative  agreement  shall  be  signed  by  a  com¬ 
mittee  of  the  employes  of  the  Traction  and  Terminal  Com¬ 
pany,  and  by  Mr.  Ethelbert  Stewart  as  a  representative  of  the 
United  States  government  and  Hon.  Samuel  M.  Ralston, 
Governor  of  the  State  of  Indiana,  and  the  proper  officials  of 
the  Traction  and  Terminal  Company 


2 


4.  That  all  men  shall  return  to  work  within  a  period  of 
twelve  (12)  hours  from  the  time  of  signing  this  agreement 
under  the  conditions  formerly  obtaining  in  their  employment 
and  there  shall  be  no  further  interference  with  the  operation 
of  any  cars  on  the  lines  of  the  Traction  and  Terminal  Com¬ 
pany,  or  with  any  property  or  employe  of  said  Company. 

5.  Said  Public  Service  Commission,  if  the  matter  be 
referred  to  them,  shall  take  up  and  hear  evidence  of  all  parties 
interested  on  said  grievance  as  to  wages,  hours  and  conditions, 
and  service,  and  render  decision  concerning  same  within  a 
period  of  Thirty  (30)  days  from  the  first  date  of  meeting. 
Said  decision  in  effect  to  relate  back  to  the  time  of  resumption 
of  work. 

6.  The  above  mentioned  adjustment  and  arbitration  shall 
proceed  only  in  the  name  of  the  Committee  of  Employes. 

It  is  also  agreed  that  any  employe  who  asks  to  be  rein¬ 
stated  and  is  refused  reinstatement  but  is  returned  by  decision 
of  the  Public  Service  Commission  shall  receive  pay  from  the 
date  of  first  application  for  work. 

Geo.  L.  Heede, 

W.  H.  Mayfield, 

R.  A.  McDaniel, 

W.  H.  Esary, 

James  W.  Fisiier, 

Ralph  W.  Belch, 

William  F.  White, 

Albert  H.  Brown, 

John  Maloney, 

Committee  of  Employes  of  Indianapolis  Traction 
and  Terminal  Company. 

Etpielbert  Stewart, 
Representative  of  U.  S.  Government. 


3 


Samuel  M.  Ralston, 
Governor  of  the  State  of  Indiana. 

Indianapolis  Traction  and  Terminal  Company, 

By  Robert  I.  Todd,  President. 

This  instrument  is  not  dated,  but  was  executed  on  the 
7th  day  of  November,  1913. 

On  the  1 2th  day  of  November,  1913,  a  Committee  of  Em¬ 
ployes  called  at  the  office  of  said  Company  and  left  there  an 
unsigned  document,  in  the  words  and  figures  following,  to- 
wit : 


AGREEMENT. 

MEMORANDUM  OF  AGREEMENT,  made  and 
entered  into  this _ day  of  November,  1913,  by  and  be¬ 

tween  the  Indianapolis  Traction  &  Terminal  Company,  party 
of  the  first  part,  and  the  Amalgamated  Association  of  Street 
and  Electrical  Railway  Employes  of  America,  party  of  the 
second  part,  through  its  division,  No.  645. 

WITNESSETH : 

That  in  the  operation  of  the  lines  of  the  party  of  the 
first  part,  both  parties  hereunto  mutually  agree  as  follows : 

Section  1 .  The  party  of  the  first  part  agrees  to  meet  and 
treat  with  the  properly  accredited  officers  and  committees  of 
the  party  of  the  second  part  on  all  grievances  that  may  arise. 

Section  2.  Seventy-five  (75)  per  cent,  of  the  runs  on  the 
schedules  to  be  known  as  earlies  and  lates  and  to  be  completed 
within  eleven  ( 1 1 )  consecutive  hours. 


4 


All  swing  runs  to  be  completed  within  fourteen  (14) 
consecutive  hours. 

All  runs  working  less  than  nine  (9)  hours  to  pay  nine 
(9)  hours’  time. 

Time  and  one-half  for  all  time  worked  over  and  above  the 
daily  schedules. 

Section  3.  Men  operating  all  night  or  owl  cars  shall  not 
be  required  to  work  extra  runs  or  trippers. 

The  hours  of  work  for  men  operating  on  all  night  or  owl 
cars  shall  not  exceed  eight  (8)  hours  and  they  shall  receive 
nine  (9)  hours’  pay. 

All  night  or  owl  cars  working  less  than  eight  (8)  hours 
shall  pay  nine  (9)  hours’  time. 

Section  4.  The  wages  for  all  motormen  and  conductors 
including  work  cars  shall  be  thirty-two  (32)  cents  per  hour, 
flat  rate  on  city  lines. 

The  wages  for  all  barn,  shop  and  power-house  men, 
track  men,  flagmen,  sand  dryers  shall  be  as  follows : 

Air  Department  Men. 

45  cents  per  hour  for  air  brakemen. 

30  cents  per  hour  for  helpers. 

Carpenter  Department. 

50  cents  per  hour  for  carpenters. 

30  cents  per  hour  for  carpenters’  helpers. 

Paint  Shop  Department. 

50  cents  per  hour  for  stripers  and  sign  painters. 

40  cents  per  hour  for  surface  hands,  coaters  and  finishers. 

30  cents  per  hour  for  rough  painters. 

Car  Repair  Department. 

40  cents  per  hour  for  head  pitmen. 

35  cents  per  hour  for  pitmen  helpers. 


5 


Armature  Winders'  Department. 

45  cents  per  hour  for  armature  winders. 

40  cents  per  hour  for  shop  wiremen. 

40  cents  per  hour  for  car  wiremen. 

40  cents  per  hour  for  controller  men. 

30  cents  per  hour  for  apprentices. 

Car  Cleaners  and  Sweepers. 

35  cents  per  hour  for  head  car  washer. 

30  cents  per  hour  for  helpers. 

28  cents  per  hour  for  flagmen. 

30  cents  per  hour  for  sand  dryers. 

Car  Inspecting  Department. 

45  cents  per  hour  for  head  inspector. 

35  cents  per  hour  for  head  pitmen  and  top  work. 

30  cents  per  hour  for  helpers. 

Time  and  one-half  for  all  Sunday  and  Holidays,  ten 
hours  to  constitute  a  day’s  work.  Time  and  one-half  for  over¬ 
time  up  to  Twelve  P.  M.,  double  time  after  Twelve  P.  M.  and 
until  Seven  A.  M. 


Tinners’  Department. 

40  cents  per  hour  for  tinners. 

30  cents  per  hour  for  tinners'*  helpers. 

Blacksmith  Department. 

40  cents  per  hour  for  first  fire. 

35  cents  per  hour  for  second  fire. 

27P2  cents  per  hour  for  the  third  fire  for  the  first  six  (6) 
months  and  30  cents  thereafter  as  long  as  they  remain  on  the 
third  fire. 

27P2  cents  per  hour  for  helpers. 

Steam  Fitters’  Department. 

45  cents  per  hour  for  steam  fitters. 

35  cents  per  hour  for  steam  fitters’  helpers. 

Acetylene  Welders’  Department. 

60  cents  per  hour. 


6 


Machine  Department. 

40  cents  per  hour. 

Drill  Pressmen. 

30  cents  per  hour. 

Pozver  Houses. 

40  cents  per  hour  for  engineers. 

35  cents  per  hour  for  head  firemen. 

30  cents  per  hour  for  firemen  helpers. 

25  cents  per  hour  for  oilers. 

30  cents  per  hour  for  turbine  men. 

30  cents  for  dynamo  tenders  and  switch-board  men. 

35  cents  per  hour  for  boiler  washers  and  all-round  men. 
30  cents  per  hour  for  flue  blowers'  assistant. 

30  cents  per  hour  for  ash  and  coal  shovelers. 

The  hours  of  service  for  all  men  working  in  the  power 
houses  shall  be  eight  hours  per  day. 

Car  Wiremen,  Shop  Department. 

30  cents  per  hour. 

Stock  Room  Men. 

30  cents  per  hour. 

Trolley  Bench  Men. 

35  cents  per  hour. 

Bearing  Men. 

35  cents  per  hour. 

Track  Men. 

32  cents  per  hour  for  wreck  car  helpers. 

30  cents  per  hour  for  track  men. 

35  cents  per  hour  for  pavers  and  rammers. 

30  cents  per  hour  for  pavers’  helpers. 

Ten  hours  shall  constitute  a  day's  work  for  all  the  above 
named  classes  except  the  power  house  men  whose  day's  work 
shall  be  eight  hours.  All  time  worked  over  the  above  hours 


7 


except  the  power  house  men  shall  be  paid  time  and  one-half 
for  all  overtime. 

Section  5.  There  shall  be  no  additional  trip  or  trips  at¬ 
tached  to  the  Sunday  or  Holiday  schedule. 

All  runs  working  less  time  on  Sunday  and  Holidays  than 
on  week  days  shall  pay  week  day  time. 

All  men  shall  have  reasonable  time  to  eat  their  meals 
which  shall  be  no  less  than  Twenty  (20)  minutes  or  more  than 
Forty  (40)  with  pay,  and  where  cars  are  blocked  or  late  pro¬ 
vision  shall  always  be  made  for  men  to  eat.  It  will  be  the  duty 
of  the  dispatchers  and  local  superintendents,  road  masters  and 
starters  to  see  that  this  provision  is  carried  out  at  all  times. 

Section  6.  Reporting  time  shall  be  five  minutes  at  all 
car  houses.  Men  to  report  to  the  dispatcher  in  person  before 
that  time.  All  men  missing  their  regular  runs  shall  serve  two 
days  on  the  extra  list.  Where  cars  are  delayed  by  accident 
or  blockades  so  that  men  necessarily  riding  on  same  cannot 
reach  their  place  of  reporting  on  time  no  miss  shall  be  charged 
against  them,  but  they  lose  their  own  run  for  that  day  if  not 
in  time  to  take  their  run  out  on  schedule. 

Section  7.  The  working  board  for  the  following  day 
shall  be  marked  up  not  later  than  four  o’clock  p.  m.  each  day. 
A  list  of  extra  men  shall  be  made  up  at  the  same  time  and  so 
placed  that  it  shall  be  in  plain  sight  at  all  times,  so  that  the 
extra  men  can  see  where  they  stand  for  work  and  when  an 
extra  man  gets  out  on  a  run  he  shall  be  checked  on  the  list  ac¬ 
cordingly,  or  if  he  misses  he  shall  be  so  marked. 

Section  8.  There  shall  be  placed  in  the  office  of  each  car 
house  of  the  respective  lines  an  open  book  in  which  the  men 
can  register  the  particular  day  or  days  on  which  they  want  to 


8 


get  off  and  the  men  so  registered  for  any  particular  day  or 
days  shall  have  the  first  preference  except  in  case  of  members 
of  Committees  or  other  officers  of  the  association  wanting  off 
on  business  of  the  Association.  They  shall  have  first  prefer¬ 
ence  over  all.  Persons  so  registering  must  sign  in  ink.  Other¬ 
wise  they  lose  their  turn.  Said  book  to  be  dated  seven  days 
ahead,  that  is,  men  to  have  the  privilege  of  asking  off  seven 
(7)  days  ahead  of  any  days  he  desires  to  be  off.  Employes 
appointed  as  collectors  of  dues  shall  be  marked  off  by  the 
dispatcher  on  pay  days  if  he  so  desires  to  be  off. 

Section  9.  All  cars  shall  be  properly  cleaned  and 
equipped  by  barn  men  before  leaving  the  barn.  This  rule  ap¬ 
plies  to  the  stoves  being  cleaned  by  the  barn  men. 

Section  10.  Any  member  who  is  elected  or  appointed  to 
any  office  in  this  Association  shall  upon  his  retirement  from 
said  office  be  reinstated  in  his  former  position  with  full  senior¬ 
ity  rights  in  the  employment  of  the  Company. 

Section  11.  Extra  men  reporting  at  regular  reporting 
time  and  receiving  no  work  shall  be  paid  not  less  than  $1.5°. 
Such  extra  men  to  finish  their  reports  between  4 145  a.  m.  and 
5  :oo  p.  m.  with  meal  time  allowed. 

The  extra  board  at  the  several  barns  to  be  a  revolving  list 
and  to  be  marked  up  in  the  following  manner.  For  example : 
First  man  in  to  be  first  man  out,  providing  that  all  other  men 
have  received  a  day’s  work. 

The  extra  men  working  after  Twelve  (12)  midnight 
shall  not  be  required  to  report  before  Nine  (9)  a.  m.  the  fol¬ 
lowing  day  and  shall  be  entitled  to  $1.50  per  day  as  specified 
above  providing  he  reports  at  Nine  (9)  a.  m.  and  receives  no 
work  that  day. 


9 


Men  missing*  the  extra  list  shall  be  dealt  with  by  the 
station  master  and  shall  be  the  loss  of  their  place  on  the  extra 
list  for  that  day  only. 

Section  12.  Books  of  tickets  or  passes  will  be  issued  to 
all  employes  permitting  them  to  free  transportation  on  all  lines 
owned  or  operated  by  the  Company  when  in  civilian  attire. 
Men  going  to  or  from  work  in  uniform  will  be  permitted  to 
ride  without  paying  fare. 

In  the  records  kept  by  the  Company  for  the  violations  of 
rules  on  the  part  of  the  members  of  the  second  part  the  de¬ 
fense  of  the  members  as  well  as  the  offense  shall  be  made  a 
matter  of  record. 

Section  13.  Men  holding  their  seniority  as  conductors 
shall  not  be  required  to  work  as  motormen,  and  vice  versa  on 
the  part  of  the  motormen,  unless  they  so  desire. 

Section  14.  All  employes  who  are  now  members  of  the 
Association  shall  remain  members  in  good  standing  as  long  as 
they  remain  in  the  service  of  this  Company.  All  men  who 
enter  the  service  of  this  Company  hereafter  shall  within  thirty 
(30)  days  if  proven  satisfactory  to  both  parties,  become  mem¬ 
bers  and  remain  the  same  as  long  as  they  continue  in  the 
service. 

Section  15.  In  case  where  men  are  required  to  report 
at  barns  or  other  places  before  beginning  work  and  afterwards 
are  compelled  to  go  to  another  point  to  get  their  cars  they  shall 
be  paid  for  such  time  as  it  takes  to  go  and  come  at  the  regular 
rate  of  wage. 

Where  men  are  relieved  at  terminals  and  are  compelled  to 
go  to  stations  to  turn  in  their  receipts  they  shall  be  paid  for 
such  time  as  it  required  to  reach  such  stations,  the  same  to  be 
added  to  the  daily  schedule. 


10 


Where  shop  or  barn  men  are  required  to  do  work  at 
points  or  barns  other  than  the  barn  or  shop  where  they  are 
regularly  employed  they  shall  be  allowed  time  during  the 
regular  hours  of  employment  to  go  to  or  from  their  respective 
barn  or  shops. 

Section  16.  All  motormen  or  conductors  instructing 
students  for  a  day  or  part  of  a  day  shall  receive  twenty-five 
(25)  cents  per  day  over  and  above  their  daily  wages. 

Section  17.  Preference  for  snow  plow  and  sweeper  work 
shall  be  given  to  the  motormen  and  conductors  and  such  work 
shall  be  paid  for  at  the  rate  of  double  time  above  the  regular 
rate  per  hour. 

Men  held  or  called  for  this  class  of  work  mentioned  in 
this  section  and  receiving  no  work  shall  be  paid  from  the  time 
called  until  relieved  at  the  rate  specified  above  in  this  section. 

Where  men  are  taken  from  their  regular  work  for  such 
work  mentioned  in  this  section  and  do  not  perform  such  work 
they  shall  receive  no  less  than  their  regular  day's  work  calls 
for  and  they  shall  not  be  returned  to  their  regular  work  that 
day. 

Meals  shall  be  allowed  all  men  doing  this  class  of  work 
at  the  expense  of  the  Company. 

Section  18.  The  Superintendent  shall  on  Mondays, 
Wednesdays  and  Fridays  of  each  week  at  ten  (10)  o'clock 
a.  m.  give  a  fair  and  impartial  hearing  to  suspended  or  dis¬ 
charged  employes  and  in  case  any  employe  is  suspended  or  dis¬ 
charged  and  after  investigation  found  not  to  be  in  fault  he 
shall  be  reinstated  and  paid  for  all  time  lost  at  his  regular  rate 
of  wages. 

Section  19.  The  President  will  hear  at  ten  (ro)  o’clock 
a.  m.  on  the  first  and  third  Tuesdays  of  each  month  such  indi- 


vidual  cases  as  have  been  appealed  from  the  decision  of  the 
General  Superintendent.  A  memorandum  of  such  cases  and 
the  parties’  testimony  thereon  must  be  submitted  in  the  fore¬ 
noon  of  the  preceding  Saturday  and  at  the  request  of  either 
party  the  individual  will  be  notified  to  appear  at  the  hearing 
in  person. 

Section  20.  All  men  shall  be  listed  according  to  their 
seniority  of  hire  at  the  car  house  where  they  report  and  where 
a  barn  or  parts  of  bam  are  consolidated  the  seniority  books  or 
parts  of  books  shall  be  consolidated  and  men  will  then  hold 
their  seniority  rights. 

Section  21.  In  the  assignment  of  runs  men  shall  be  given 
the  privilege  of  choosing  the  same  in  accordance  with  their 
seniority  rights  and  based  upon  their  continuous  age  in  the 
service  at  the  car  house  where  they  report.  The  oldest  man  in 
the  service  shall  be  given  first  choice  of  runs  and  so  on  down 
through  the  entire  list. 

The  officials  at  the  various  barns  shall  place  at  least  four 
(4)  days  ahead  of  the  third  month,  starting  from  December 
1,  1913,  a  list  showing  the  run  numbers  and  the  hours  and 
minutes  each  run  works.  Also  route  numbers  for  which  runs 
are  scheduled ;  also  a  list  of  names  shall  be  placed  in  crews, 
room  starting  with  the  oldest  man  in  service  and  so  on  in 
rotation  through  the  entire  list.  These  lists  shall  be  posted 
one  day  before  choosing  begins.  The  early  straight  men  or 
others  whose  seniority  would  entitle  them  to  an  early  straight 
run  will  choose  between  the  hours  of  two  (2)  p.  m.  and  six 
(6)  p.  m.  on  the  second  day  after  list  has  been  posted.  The 
late  straight  men  or  others  whose  seniority  would  entitle  them 
to  a  late  straight  run  shall  choose  between  the  hours  of  eleven 
( 1 1 )  a.  m.  and  three  (3)  p.  m.  on  the  third  day.  The  balance 
to  choose  on  the  fourth  day  between  nine  (9)  a.  m.  and  two 


12 


(2)  p.  m.  Each  man  when  choosing  his  run  shall  check  his 
name  from  the  list.  Any  man  failing  to  sign  up  within  the 
specified  time,  the  superintendent  shall  be  empowered  to  sign 
him  up  on  the  highest  and  best  run  that  may  be  open,  and  in 
case  a  run  becomes  vacant  before  the  three  (3)  months  are 
up  by  regular  employe  quitting  or  leaving  the  service,  the  first 
extra  man  entitled  to  a  regular  run  shall  take  the  same  and 
hold  it  until  the  list  is  changed,  and  where  a  regular  man  is 
off  through  sickness  or  otherwise  his  run  is  to  be  filled  in  the 
following  manner :  By  extra  men  taking  turn  about  of  three 

(3)  days  each  on  the  run.  This  choice  of  selecting  runs  shall 
take  place  every  three  (3)  months  unless  change  of  schedules 
should  be  instituted  during  the  three  months.  If  such  change 
should  be  made  within  the  three  months  then  the  re-selection 
of  runs  shall  take  place. 

Section  22.  Any  matters  that  cannot  be  satisfactorily 
adjusted  between  both  parties  to  this  agreement  shall  be  sub¬ 
mitted  to  a  temporary  board  of  arbitration.  Neither  party  to 
this  agreement  shall  upon  being  notified  in  writing  by  the  other 
party  that  arbitration  is  desired,  name  their  arbitrator  within 
forty-eight  (48)  hours  from  the  date  of  the  receiving  of  such 
notice,  such  notice  to  be  addressed  to  the  representative  of  the 
company  and  the  Committee  of  Employes  and  the  delivery  of 
such  notice  shall  be  sufficient  notification  if  delivered  at  the 
place  of  business  of  either  party  to  warrant  that  arbitration 
is  desired. 

The  Board  of  Arbitration  shall  be  composed  of  three  per¬ 
sons  :  The  Company  to  select  whomever  they  desire,  the  em¬ 
ployes  to  select  whomever  they  desire  and  the  two  arbitrators 
thus  selected  shall  select  within  five  days  from  the  date  of 
their  appointment,  the  third  arbitrator. 


13 


At  the  hearing  before  the  said  Board  of  Arbitration, 
either  side  may  be  represented  by  anyone  whom  they  may 
desire,  and  after  all  evidence  and  arguments  have  been  heard 
by  the  Board  of  Arbitration  they  shall  within  fifteen  (15) 
days  formulate  their  award  in  writing  and  submit  the  same  to 
both  parties. 

The  findings  of  the  majority  of  the  said  board  shall  be 
final  and  binding  upon  both  parties  to  this  agreement. 

The  expenses  of  the  Board  of  Arbitration  shall  be  borne 
as  follows :  Each  party  shall  pay  the  arbitrator  of  its  selection 
and  both  parties  shall  jointly  pay  the  expense  of  the  third 
arbitrator  and  such  other  expenses  as  may  be  incurred  in  said 
arbitration. 

Section  23.  This  agreement  and  the  provision  hereunto 
shall  continue  in  force  and  be  binding  upon  both  parties  men¬ 
tioned  from  this _ day  of  November,  1913,  and 

thereon  and  after  unless  either  party  to  this  agreement  desires 
any  change  or  changes  in  any  section  or  sections  of  this  agree¬ 
ment.  Either  party  to  this  agreement  desiring  such  change 
or  changes  shall  notify  the  other  party  thirty  (30)  days  prior 
to  the  66th  day  of  each  year  and  which  under  said  notice  the 
agreement  shall  be  opened  and  discussion  take  place  upon  the 
same.  If  the  changes  desired  can  not  be  adjusted  between 
both  parties  to  this  agreement  the  same  shall  be  submitted  to 
a  Board  of  Arbitration  as  specified  in  Section  22,  and  the 
award  of  the  Board  of  Arbitration  shall  then  become  a  part 
of  this  agreement  and  be  entered  therein. 

By - - - 

Pres,  of  Div.  645  of  the  Amalgamated 
Association  of  Street  &  Electric  Railway 
Employes  of  America. 


14 


By 


Sec'y-Treas.  of  Div.  645  of  the  Amalga¬ 
mated  Association  of  Street  &  Electric 
Railway  Employes  of  America. 

(Seal.) 

By - 

Pres,  of  the  Indianapolis  Traction  &  Ter- 
nal  Company. 

By _ 

Gen.  Supt.  Indianapolis  Traction  &  Termi¬ 
nal  Company. 

( Seal.) 

On  the  1 2th  day  of  November,  1913,  the  said  Indianapolis 
Traction  and  Terminal  Company  addressed  to  the  Committee 
who  signed  the  instrument  in  writing  hereinabove  set  out,  the 
following  communication,  to-wit : 


Messrs. 


“November  12,  1913. 


Geo.  L.  Heede, 

\V.  H.  Mayfield, 

R.  A.  McDaniel, 

W.  H.  Esary, 

Jas.  W.  Fisher, 

Ralph  W.  Belch, 

Wm.  F.  White, 

Albert  H.  Brown, 

John  Maloney. 

Dear  Sirs — You  and  each  of  you  are  hereby  notified  that 
this  Company  does  not  regard  the  paper  left  at  our  office  today 
by  Albert  H.  Brown  et  al.,  as  a  presentation  of  grievances 
within  the  meaning  of  and  provided  by  the  contract  heretofore 
entered  into  on  the  7th  day  of  November,  1913,  and  signed 
by  you  respectively,  but  rather  as  presenting  a  new  contract. 


ic; 

XJ 


We  desire  to  give  you  this  immediate  and  prompt  notice 
in  order  that  you  may,  before  the  expiration  of  the  day,  if 
you  so  desire,  present  the  grievances,  if  any  exist,  in  accord¬ 
ance  with  the  existing  contract. 

This  Company  does  not  desire  to  avail  itself  of  any  tech¬ 
nical  advantages,  nor  does  it  seek  any  advantage  from  the 
lapse  of  time.  Therefore,  so  far  as  we  are  concerned,  the 
time  for  presenting  grievances  may  be  considered  extended 
five  days,  our  time  for  consideration  to  remain  ten  days  after 
the  actual  receipt  of  the  grievances. 

We,  therefore,  desire  you  to  carefully  consider  whether 
you  have  complied  with  the  existing  contract  in  attempting  in 
this  wise  to  present  an  entirely  new  contract,  which  would,  of 
course,  have  the  effect  of  abrogating  the  present  contract. 

Please  do  not  infer  that  we  impute  any  bad  faith  in  the 
act  of  presenting  the  paper  left  with  us  today.  We  think, 
after  further  consideration,  you  also  will  conclude  that  you 
have  not  in  fact  presented  your  grievances  as  agreed. 

Yours  truly, 

Indianapolis  Traction  and  Terminal  Company. 

By  Robert  I.  Todd,  President.” 

On  the  14th  day  of  November,  1913,  said  Committee  pre¬ 
sented  to  said  Company  at  its  office  in  the  city  of  Indianapolis, 
the  following  statement  of  their  grievances : 

“Indianapolis,  Ind.,  November  514,  1913 

Mr.  Robert  I.  Todd,  President  Indianapolis  Traction 
and  Terminal  Company,  City: 

Dear  Sir : — Your  communication  to  us  under  date 
of  November  12,  1913,  has  received  our  consideration. 
We  regret  that  our  presentation  of  the  grievances  and 

16 


working  conditions  of  the  employes  which  were  sub¬ 
mitted  to  us  to  convey  to  the  company  were  submitted 
in  a  form  as  not  regarded  by  the  company  as  properly 
submitted,  and  esteem  the  privilege  you  extend  to  us 
to  transmit  them  in  a  way  they  may  be  more  under- 
standingly  interpreted  by  you  as  coming  within  the 
provision  of  the  tentative  agreement  of  date  of  No¬ 
vember  7,  1913. 

We  beg  to  explain,  however,  that  in  submitting  the 
grievances  and  conditions  as  scheduled  by  us,  we  em¬ 
bodied  them  in  what  appeared  to  us  a  form  of  remedial 
construction  from  which,  through  conference,  an  ar¬ 
rangement  might  be  more  speedily  worked  out  that 
would  be  quite  satisfactory  to  both  the  company  and 
employes.  However,  in  conformity  to  your  sugges¬ 
tions,  as  we  understand  them,  we  here  present  the 
grievances  to  you,  and  through  you,  to  the  Indianapo¬ 
lis  Traction  and  Terminal  Company  in  the  following 
terms  and  manner : 

First.  Your  employes  express  a  grievance  against 
the  company,  in  that  the  grievances  of  the  employes,  at 
present  and  those  that  may  develop  to  them  in  the  fu¬ 
ture  are  not  permitted  to  be  taken  up  with  the  duly 
constituted  officials  of  the  company  for  adjustment  by 
a  committee  recognized  as  a  duly  authorized  commit¬ 
tee  of  the  employes'  association  as  chosen  or  elected 
by  said  association.  Your  employes  request  that  a  con¬ 
dition  of  employment  be  agreed  upon  by  which  said 
grievances  may  be  adjusted. 

Second.  Your  employes  express  a  grievance 
against  the  company,  in  that  not  75  per  cent,  of  the 
runs  on  the  schedules  are  earlies  and  lates,  completed 
within  eleven  consecutive  hours;  that  all  swing  runs 
are  not  completed  within  fourteen  consecutive  hours ; 
that  all  runs  working  less  than  nine  hours  do  not  pay 
nine  hours'  time;  that  time  and  one-half  is  not  paid  for 
all  time  worked  in  excess  of  the  daily  schedules.  The 
employes  ask  that  a  condition  of  employment  be  es¬ 
tablished  by  the  company  that  will  accord  to  employes 


the  conditions  against  which  grievances  are  registered 
in  this  paragraph. 

Third.  Your  employes  here  file  a  grievance  that 
all  night,  or  owl  cars  working  less  than  eight  hours  are 
not  paid  for  nine  hours’  time  and  that  to  receive  nine 
hours'  pay  for  such  service  they  must  work  the  full 
nine  hours.  They  ask  that  this  grievance  be  adjusted 
by  providing  a  condition  of  employment  upon  night 
cars  by  which  not  to  exceed  eight  hours'  service  shall 
be  required  on  night  cars,  to  be  paid  at  the  rate  of 
nine  hours’  time.  Upon  this  subject  a  further  griev¬ 
ance  is  expressed  against  men  of  this  service  being  re¬ 
quired  to  work  extra  runs  or  trippers. 

Fourth.  The  employes  here  file  a  grievance  in 
that  they  are  not  paid  3 2  cents  per  hour  for  work  as 
motormen  and  conductors  upon  city  line  cars  and  35 
cents  per  hour  upon  interurban  and  suburban  line  cars ; 
that  air  brakemen  are  not  paid  45  cents  per  hour;  that 
helpers  in  the  air  department  are  not  paid  30  cents  per 
hour;  that  carpenters  are  not  paid  50  cents  per  hour; 
that  carpenters’  helpers  are  not  paid  30  cents  per  hour ; 
that  in  the  paint  shop  department,  stripers  and  sign 
painters  are  not  paid  50  cents  per  hour,  surface  hands, 
coaters  and  finishers  are  not  paid  40  cents  per  hour, 
and  that  rough  painters  are  not  paid  30  cents  per  hour ; 
that  head  pitmen  are  not  paid  40  cents  per  hour  and 
pitman’s  helpers  are  not  paid  35  cents  per  hour;  that 
armature  winders  are  not  paid  45  cents  per  hour;  that 
shop  wiremen  are  not  paid  40  cents  per  hour ;  that  car 
wiremen  and  controller  men  are  not  paid  40  cents  per 
hour  and  that  apprentices  are  not  paid  30  cents  per 
hour;  that  in  the  car  cleaning  and  sweepers'  work  the 
head  car  washer  is  not  paid  35  cents  per  hour,  help¬ 
ers  are  not  paid  30  cents  per  hour ;  that  flagmen  are  not 
paid  28  cents  per  hour  and  sand  dryers  are  not  paid 
30  cents  per  hour ;  that  in  the  car  inspecting  department 
the  head  inspector  is  not  paid  45  cents  per  hour;  head 
pitmen  and  top  work  men  are  not  paid  35  cents  per 
hour  and  helpers  are  not  paid  30  cents  per  hour ;  that 
employes  specified  in  this  paragraph  are  not  paid  time 

18 


and  one-half  for  all  Sunday  work  and  time  and  one- 
half  for  overtime  up  to  twelve  o’clock  p.  m.,  and 
double  time  after  twelve  o’clock  p.  m.,  until  seven 
o'clock  a.  m.  The  employes  request  an  adjustment  of 
the  grievances  enumerated  in  this  paragraph  and  ask 
that  a  condition  of  wage  rates  be  established  that  will 
be  acceptable.  The  employes  further  set  forth  as  a 
grievance  that  tinners  are  not  being  paid  40  cents  per 
hour  and  tinners'  helpers  are  not  receiving  30  cents 
per  hour;  that  blacksmiths  are  not  being  paid  40  cents 
per  hour  for  first  fire,  35  cents  for  second  fire  and  27*4 
cents  per  hour  for  third  fire  for  the  first  six  months  of 
service  and  30  cents  per  hour  thereafter  so  long  as  they 
remain  on  the  third  fire  and  that  27^  cents  per  hour 
is  not  being  paid  to  blacksmiths’  helpers ;  that  45  cents 
per  hour  is  not  paid  to  steam  fitters  and  35  cents  per 
hour  is  not  being  paid  to  steam  fitters’  helpers:  that 
acetylene  welders  are  not  paid  60  cents  per  hour;  that 
30  cents  per  hour  is  not  paid  to  drill  pressmen  and  40 
cents  per  hour  is  not  being  paid  to  other  employes  of 
the  machine  shop  department:  that  in  the  power  house 
engineers  are  not  paid  40  cents  per  hour,  head  firemen, 
boiler  washers  and  all-round  men  are  not  being  paid 
35  cents  per  hour,  firemen’s  helpers,  turbine  men,  dyna¬ 
mo  tenders,  switchboard  men,  flue-blower's  assistant 
and  ash  and  coal  shovelers  are  not  paid  30  cents  per 
hour,  and  oilers  are  not  paid  25  cents  per  hour  and 
that  the  service  day  is  not  eight  hours  only,  for  all 
power  house  employes:  that  car  wiremen  of  the  shop 
department  are  not  receiving  30  cents  per  hour:  that 
stock  room  men  are  not  receiving  30  cents  per  hour; 
that  trolley,  bench,  bearing  men  and  pavers  and  ram¬ 
mers  are  not  receiving  pay  at  35  cents  per  hour;  that 
wreck  car  helpers  are  not  paid  32  cents  per  hour;  that 
track  men  and  pavers’  helpers  are  not  paid  30  cents  per 
hour:  that  ten  hours  does  not  constitute  the  service  day 
in  the  classes  of  employment  herein  mentioned,  except 
power  house  men ;  that  time  worked  in  excess  of  the 
service  day  is  not  paid  at  the  rate  of  time  and  one-half. 

Fifth.  Your  employes  submit  as  a  grievance  that 
there  are  attached  additional  trips  to  the  service  of 


19 


motormen  and  conductors  to  Sunday  and  holiday 
schedules;  that  all  runs  working  less  time  on  Sundays 
and  holidays  than  the  time  called  for  on  week-day 
schedules  is  not  paid  week-day  schedule  time ;  that  men 
do  not  have  reasonable  time  of  not  less  than  twenty 
minutes  nor  more  than  fortv  minutes  within  which  to 

j 

eat  meals  and  where  cars  are  blocked  or  late  no  provi¬ 
sion  is  made  for  men  to  eat,  and  it  is  not  the  duty  of 
dispatchers,  local  superintendents,  road  masters  and 
starters  to  see  that  such  a  provision  exists  and  is  not 
carried  out  at  all  times. 

Sixth.  Your  employes  submit  as  a  grievance  that 
provisions  and  a  condition  of  employment  does  not 
exist  to  provide  that  reporting  time  shall  be  but  five 
minutes  at  all  car  houses,  that  motormen  and  conduc¬ 
tors  missing  their  regular  runs  shall  serve  but  two  days 
on  the  extra  list;  that  where  cars  are  delayed  by  acci¬ 
dents  or  blockades  so  that  men  riding  upon  them  can¬ 
not  reach  their  place  of  reporting  on  time,  no  miss  shall 
be  charged  against  them  and  they  shall  lose  their  run 
for  that  day  only  and  then  only  in  the  event  that  they 
reach  the  place  for  reporting  not  in  time  to  take  their 
run  out  on  schedule. 

Seventh.  The  employes  file  as  a  grievance  that  a 
condition  of  employment  does  not  exist  to  provide  that 
the  working  board  for  the  following  day  shall  be 
marked  up  not  later  than  four  o'clock  p.  m.  each  day;  a 
list  of  extra  men  shall  be  made  up  at  the  same  time  and 
so  placed  that  it  shall  be  in  plain  sight  at  all  times,  that 
extra  men  can  see  their  standing  for  work  and  when 
an  extra  man  gets  out  on  a  run  he  shall  be  checked  on 
the  list  accordingly,  or  if  he  misses  he  shall  be  so 
marked. 

Eighth.  Your  employes  submit  as  a  grievance  that 
a  condition  of  employment  does  not  exist  to  provide 
that  there  shall  be  placed  in  the  office  of  each  car  house 
of  the  respective  lines  an  open  book  in  which  the  men 
can  register  the  particular  day  or  days  on  which  they 
want  to  get  off,  the  men  so  registered  shall  have  first 


20 


preference  except  in  case  of  committees  or  officers  who 
mark  off  on  business  of  the  employes’  association,  such 
committees  and  officers  in  such  case  to  have  preference; 
persons  so  registering  must  sign  in  ink  or  otherwise 
lose  their  turn ;  said  book  to  be  dated  to  provide  a  privi¬ 
lege  of  asking  off  seven  days  ahead  of  any  day  leave  of 
absence  is  desired;  that  collectors  of  dues  of  the  em¬ 
ployes’  association,  if  they  so  desire,  shall  be  marked 
off  pay  days  by  the  dispatcher. 

Ninth.  Your  employes  submit  as  a  grievance  that 
a  condition  of  employment  does  not  exist  in  agreement 
by  and  between  the  employes’  Association  and  the  em¬ 
ploying  Company  which  provides  that  any  employe 
elected  or  appointed  to  any  office  in  the  employes’  As¬ 
sociation  shall,  upon  his  retirement  from  said  Associa¬ 
tion  office,  be  reinstated  in  his  former  position  without 
impairment  of  seniority  rights  in  the  employment  of 
the  Company. 

Tenth.  The  employes  submit  as  a  grievance  that 
a  condition  of  employment  does  not  exist  between  the 
Company  and  the  employes’  Association  as  a  matter 
of  agreement  that  all  cars  shall  be  properly  cleaned 
and  equipped  by  barn  men  before  being  placed  in 
charge  of  motormen  and  conductors,  and  that  said  con¬ 
dition  of  employment  shall  apply  to  car  stoves. 

Eleventh.  Your  employes  file  as  a  grievance  that 
extra  men  reporting  at  regular  reporting  time  and  re¬ 
ceiving  no  work  are  not  paid  less  than  $1.5°  and  that 
such  extra  men  are  not  permitted  to  complete  their  re¬ 
port  between  four  forty-five  o’clock  and  five  o’clock 
p.  m.,  with  meal  time  allowed;  that  there  exists  no  con¬ 
dition  of  agreement  to  provide  that  the  extra  board  at 
the  several  barns  shall  be  a  revolving  list  marked  up  to 
provide  that  the  first  man  in  shall  be  the  first  man  out 
and  that  extra  men  working  after  twelve  o’clock,  mid¬ 
night,  shall  not  be  required  to  report  before  nine  a.  m. 
the  following  day,  and  be  entitled  to  $1.5°  Per  day  ‘m 
case  of  days  upon  which  reports  are  made  at  nine  a.  m. 
in  the  event  that  no  work  is  performed  that  day;  that 


21 


men  missing  the  extra  list  shall  be  dealt  with  by  the 
station  master  under  discipline  not  to  receive  loss  of 
place  on  the  extra  list  for  the  day  of  miss  only. 

Twelfth.  The  employes  submit  a  grievance  in  that 
books  of  tickets  or  passes  will  not  be  issued  to  all  em¬ 
ployes  permitting  them  free  transportation  as  a  condi¬ 
tion  of  employment  agreed  upon  by  and  between  the 
employes'  Association  and  the  Company,  such  free 
transportation  to  prevail  on  all  lines  owned  or  operated 
by  the  Company. 

Thirteenth.  The  employes  submit  a  grievance  in 
that  a  condition  of  employment  does  not  exist  to  pro¬ 
vide  that  men  holding  their  seniority  as  conductors 
shall  not  be  required  to  work  as  motormen,  and  vice 
versa  unless  they  so  desire. 

Fourteenth.  Your  employes  submit  a  grievance 
in  that  there  does  not  exist  a  condition  of  employment 
by  which  is  provided  an  agreement  between  the  Asso¬ 
ciation  of  employes  and  the  employing  Company  to 
provide  that  all  employes  who  are  now  members  of  the 
Association  shall  remain  members  in  good  standing 
during  their  term  of  service  in  the  employ  of  the  Com¬ 
pany  and  that  men  entering  the  service  of  the  employ¬ 
ing  Company  shall  within  thirty  days,  if  proven  satis¬ 
factory  to  both  the  employes’  Association  and  the 
Company,  become  members  and  remain  members  of  the 
Association  so  long  as  they  continue  in  the  service  of 
the  Company  or  any  other  company  succeeding  in  the 
operation  of  the  lines  now  owned  and  operated  by  the 
recognized  operating  Company  in  the  employment  of 
which  are  the  employes  here  represented ;  and  that  this 
provision  contained  in  this  paragraph  shall  apply  to  all 
motormen  and  conductors  operating  into  and  within 
Indianapolis,  and  employes  in  and  connected  with  all 
departments  of  the  operation  and  maintenance  of  street 
and  electric  railway  service  into  and  within  Indi¬ 
anapolis. 

Fifteenth.  Your  employes  submit  as  a  grievance 
that  men  required  to  report  at  reporting  points  before 


22 


beginning  work  and  are  compelled  to  go  to  another 
point  to  take  their  cars  shall  be  paid  not  for  the  time 
required  to  go  and  come  at  the  regular  rate  of  wages, 
and  where  men  are  relieved  at  terminals  and  required 
to  return  to  stations  to  make  reports  and  deposit  re¬ 
ceipts  are  not  paid  for  such  time  and  where  shop  or 
barn  men  are  required  to  work  at  points  other  than 
the  barn  or  shop  where  they  are  regularly  employed 
are  not  paid  for  time  going  to  and  from  their  respective 
barns  or  shops  and  the  point  of  employment. 

Sixteenth.  The  conductors  submit  as  a  grievance 
that  motormen  and  conductors  are  not  paid  25  cents 
extra  per  day  while  instructing  students. 

Seventeenth.  Your  employes  here  hie  as  a  griev¬ 
ance  that  preference  for  snow-plow  and  sweeper  work  is 
not  given  to  motormen  and  conductors  and  such  work 
is  not  paid  at  the  rate  of  double  time;  that  men  held  or 
called  for  snow  plow  or  sweeper  work  and  receiving  no 
work  are  not  paid  for  the  time  so  called  until  relieved 
and  when  men  are  taken  from  their  regular  work  for 
this  service  they  receive  less  than  their  regular  service 
day  pays  and  returned  to  their  regular  work  that  day ; 
that  meals  are  not  allowed  all  men  doing  this  class  of 
work,  such  meals  at  the  expense  of  the  Company. 

Eighteenth.  Your  employes  submit  as  a  grievance 
that  a  condition  of  employment  does  not  exist  as  a  con¬ 
dition  of  agreement  between  the  employing  Company 
and  the  employes’  Association  providing  that  the  super¬ 
intendent  shall,  on  notice,  Mondays,  Wednesdays  and 
Fridays  of  each  week  at  ten  o’clock  a.  m.,  give  a  fair 
and  impartial  hearing  to  suspended  or  discharged  em¬ 
ployes  and  in  case  cause  for  dismissal  is  found  to  be 
insufficient  to  warrant  dismissal  and  cause  for  suspen¬ 
sion  is  found  to  be  insufficient  to  warrant  suspension, 
such  employes  shall  be  reinstated  and  paid  for  time  lost 
at  his  regular  rate  of  wage. 

Nineteenth.  Your  employes  file  as  a  grievance 
that  a  condition  of  employment  does  not  exist  as  a 
matter  of  agreement  between  the  Company  and  the 


23 


employes’  Association  to  provide  that  the  president,  at 
ten  o’clock  a.  m.  on  the  first  and  third  Tuesdays  of 
each  month  will  hear  individual  cases  of  grievance  ap¬ 
pealed  from  the  decision  of  the  general  superintend¬ 
ent;  a  memorandum  of  such  cases  and  testimonv  bear- 
ing  thereon  must  be  submitted  in  the  forenoon  of  the 
preceding  Saturday  and  the  request  of  either  party, 
the  Company  or  Association,  the  individual  or  indi¬ 
viduals  involved,  will  be  notified  to  appear  at  the  hear¬ 
ing  in  person;  that  records  kept  by  the  Company  for 
the  violation  of  rules  and  record  of  the  defense  and  of¬ 
fense  shall  be  made  a  matter  of  record  available  in  all 
cases. 

Twentieth.  The  employes  submit  a  grievance  in 
that  all  motormen  and  conductors  are  not  listed  re¬ 
spectively  as  motormen  and  conductors  in  accordance 
with  their  seniority  of  service  at  the  car  house  where 
they  report  and  that  no  condition  of  employment  exists 
to  provide  that  where  a  barn  or  parts  of  a  barn  are  con¬ 
solidated  with  another,  the  men  affected  shall  be  con¬ 
solidated  and  hold  their  seniority  rights  accordingly. 

Twenty-first.  Your  employes  submit  as  a  grievance 
that  in  the  assignment  of  runs  motormen  and  conduc¬ 
tors  do  not  have  the  privilege  of  choosing  or  picking 
runs  in  accordance  with  seniority  in  service  as  based 
upon  continuous  service  at  the  car  house  where  they  re¬ 
port  ;  that  officials  at  the  various  barns  are  not  required 
to  place  a  list  showing  the  run  numbers  and  hours  and 
minutes  each  run  works,  such  list  not  being  so  placed 
four  days  ahead  of  the  third  month,  starting  from  De¬ 
cember  i,  1913,  such  list  not  containing  route  numbers 
for  which  runs  are  scheduled;  also  that  a  list  of  names 
is  not  placed  in  crews’  rooms  starting  with  the  oldest 
man  in  service  in  rotation  through  the  entire  list,  such 
lists  are  not  being  posted  one  day  before  choosing  of 
runs  begins;  and  it  is  not  provided  that  early  straight 
men  are  entitled  to  choose  runs  between  the  hours  of 
two  o’clock  p.  m.  and  six  o’clock  p.  m.,  on  the  sec¬ 
ond  day  after  list  is  posted,  and  late  straight  men  are 
not  entitled  to  choose  between  the  hours  of  eleven  and 


24 


three  p.  m.  on  the  third  day  and  the  balance  are  not 
permitted  to  choose  runs  on  the  fourth  day  between  the 
hours  of  nine  a.  m.  and  two  o’clock  p.  m.  and  that 
there  is  no  provision  that  each  man  when  choosing  his 
run  shall  check  his  name  from  the  list  and  then  a  fail¬ 
ing  to  sign  within  the  specified  time  the  superintend¬ 
ent  shall  be  empowered  to  assign  them  to  the  best  run 
open;  and  that  in  case  a  run  becomes  vacant  there  is 
no  condition  of  employment  which  provides  that  the 
first  extra  shall  take  the  run  and  hold  it  until  the  list  is 
changed  at  the  end  of  the  three  months’  period  within 
which  such  vacancy  occurs ;  and  where  a  regular  man  is 
off  through  sickness  or  otherwise  his  run  is  to  be  filled 
by  an  extra  man  taking  the  run  for  three  days  at  the 
end  of  which  time  the  run  shall  be  open  for  allotment 
to  the  man  of  the  extra  list  upon  a  system  of  three  days 
limit  for  such  extra  in  order. 

Twenty-second.  The  employes  submit  as  a  griev¬ 
ance  that  no  condition  of  employment  exists  by  agree¬ 
ment  between  the  employes’  Association  and  the  em¬ 
ploying  Company  to  provide  that  any  matters  of  future 
■dispute  that  cannot  be  satisfactorily  adjusted  between 
the  parties  to  the  agreement  shall  be  submitted  to  a 
temporary  board  of  arbitration;  either  party  to  the 
agreement  upon  notification  in  writing  from  the  other 
party  that  arbitration  is  desired  shall  name  its  arbi¬ 
trator  within  forty-eight  hours  from  the  date  of  receiv¬ 
ing  such  notice,  such  notice  to  be  addressed  to  the  rep¬ 
resentative  of  the  Company  and  the  committee  of  the 
employes’  Association  and  the  delivery  of  such  notice 
shall  be  sufficient  notification,  providing  delivery  is 
made  at  the  place  of  business  of  either  party  to  warrant 
that  arbitration  is  desired;  that  the  board  of  arbitra¬ 
tion  shall  be  composed  of  three  persons,  the  Company 
to  select  one,  the  employes  to  select  one,  and  the  two 
thus  selected  shall  select  a  third;  that  arbitrators  to 
constitute  the  board  of  arbitration  shall  be  selected 
without  unreasonable  delay;  that  at  the  hearing  of  the 
aforesaid  arbitration,  either  side  shall  be  represented 
by  representatives  of  their  respective  choice,  and  after 


25 


all  evidence  and  arguments  have  been  heard  by  the 
board  of  arbitration  an  award  shall  be  formulated  in 
writing  and  submitted  to  the  respective  parties  within 
fifteen  days;  the  finding  of  the  majority  of  the  said 
board  shall  be  final  and  binding  upon  the  parties  to  the 
agreement;  the  expense  of  the  board  of  arbitration 
shall  be  borne  by  each  party  paying  the  arbitrator  of  its 
selection  and  by  both  parties  jointly  and  equally  pay¬ 
ing  the  expense  of  the  third  arbitrator  and  such  other 
expense  of  the  arbitration  incurred  at  the  instance  or 
direction  of  the  arbitration  board. 

Twenty-third.  Your  employes  file  as  a  grievance 
that  there  exists  no  agreement  between  the  employes’ 
Association  and  the  employing  Company  as  a  condition 
of  employment  to  provide  to  continue  for  a  period  of 
time  to  be  agreed  upon  by  agreement  and  that  no  con¬ 
dition  of  employment  exists  by  which  an  agreement  is 
provided  in  which  changes  in  an  agreement  may  be 
made  or  defining  the  period  of  agreement  or  provid¬ 
ing  for  the  submission  of  any  dispute  relative  to 
changes  in  agreement  may  be  made  to  board  of  arbi¬ 
tration,  and  that  no  agreement  exists  between  the  Com¬ 
pany  and  the  employes’  Association,  providing  to  desig¬ 
nate  the  Association  as  representative  of  the  employes 
in  the  determination  upon  future  grievances. 

We,  the  undersigned  committee  of  employes  and 
authorized  by  our  Association  of  employes,  hereby  cer¬ 
tify  that  the  above  schedule  of  grievances  embrace  all 
grievances  committed  to  us  to  be  submitted  to  the 
Company  as  the  grievances  of  the  employes  to  be  dealt 
with  in  accordance  with  the  agreement  of  November  7, 
1913,  except  in  the  matter  embraced  in  Paragraph  One 
(1)  of  said  agreement  of  November  7,  1913,  in  respect 
to  any  employe  whose  reinstatement  is  refused  shall 
have  the  right  to  be  heard  by  the  Public  Service  Com¬ 
mission  of  Indiana,  such  provision  appearing  presump¬ 
tive  that  in  the  event  of  a  grievance  resulting  from  re¬ 
fusal  of  reinstatement  to  any  employe,  such  case  must 
be  taken  direct  to  the  Public  Service  Commission. 


26 


Assuring  you  that  we  are  hopeful  that  by  confer¬ 
ence  an  adjustment  of  all  grievances  here  submitted 
may  be  worked  out  and  that  an  arrangement  satisfac¬ 
tory  to  both  the  employes  and  the  Company  may  be 
mutually  agreed  upon,  and  pledging  to  you  our  hearti¬ 
est  co-operation  in  an  effort  to  attain  a  conclusion  that 
will  work  agreeable  to  both  the  Company  and  the  em¬ 
ployes,  we  are 

Most  respectfully  yours, 

(Signed)  Albert  H.  Brown, 

Michael  F.  McHugh, 
Ollie  Underwood, 

Thomas  Kinney, 

James  F.  Stevens, 

William  F.  White, 
William  J.  Lawler, 

Ralph  W.  Belch, 

John  A.  Foster, 

James  W.  Fisher, 

W.  H.  Mayfield, 

F.  W.  Airhart, 

Committee  of  Employes.” 

On  the  20th  day  of  November,  1913,  the  Indianapolis 
Traction  and  Terminal  Company  filed  the  original  of  each  of 
the  above  documents  with  this  Commission,  to  which  was 
attached  the  following  statement,  to- wit  : 

“Be  it  further  remembered  that  thereafter  numer¬ 
ous  meetings  were  held  by  the  said  committee  and  its 
legal  representatives  with  the  representatives  of  said 
Indianapolis  Traction  and  Terminal  Company,  in  an 
effort  to  adjust  said  grievances,  and  that  the  parties 
thereto  have  been  unable  to  adjust  said  grievances  to 
their  mutual  satisfaction. 

Now,  Therefore,  The  Indianapolis  Traction  and 
Terminal  Company,  in  pursuance  to  the  terms  of  the 
said  contract  of  November  7.  1913,  and  the  facts  here¬ 
in  set  forth,  does  hereby  bring  and  present  this  state- 


27 


ment  of  the  facts  aforesaid,  containing  the  original 
signed  copy  of  the  contract  of  November  7,  1913,  and 
the  original  signed  statement  of  grievances  aforesaid, 
and  does  hereby  present  and  refer  the  same  to  the 
Honorable,  The  Public  Service  Commission  of  the 
State  of  Indiana,  for  its  final  determination  to  the  ex¬ 
tent  and  as  the  same  is  provided  in  the  same  contract 
of  November  7,  1913. 

Indianapolis  Traction  and  Terminal  Co., 

(Signed)  By  Robert  I.  Todd,  President.” 

On  the  24th  day  of  November,  1913,  said  Committee  pre¬ 
sented  to  said  Commission,  a  copy  of  said  grievances,  to 
which  was  attached  the  following  letter,  to-wit : 

“Indianapolis,  Ind.,  November  24,  1913. 

To  the  Honorable  Public  Service  Commission  of  In¬ 
diana  : 

Gentlemen : — W e  hereby  address  you  as  the  Board 
of  Arbitration  so  provided  by  agreement  of  November 
7,  1913,  a  copy  of  which  is  hereto  attached. 

In  accordance  with  paragraph  “2”  of  said  agree¬ 
ment,  grievances,  a  copy  of  which  as  scheduled  is  here¬ 
to  attached,  were  submitted  to  the  said  Company. 

We  hereby  certify  that,  to  this  date,  said  griev¬ 
ances  have  not  been  adjusted.  The  time  allotted  to  said 
Company  by  said  agreement  in  which  to  adjust  said 
grievances  has  expired.  The  said  Company  has  repre¬ 
sented  to  us  that  an  adjustment  is  not  forthcoming, 
making  it  appear  to  us  that  it  is  necessary  for  adjust¬ 
ment  that  the  grievances  be  submitted  to  your  honor¬ 
able  body  as  arbitrators  as  provided  within  said  agree¬ 
ment  of  November  7,  1913. 

In  accordance  with  said  agreement,  we,  the  un¬ 
dersigned  committee  of  employes,  authorized  so  to  do 
by  said  employes,  hereby  present  to  your  honorable 
body  the  said  grievances  as  hereto  attached,  and  most 
respectfully  request  that  they  be  taken  up  by  you,  as 

28 


agreed  upon  by  the  parties  to  the  said  agreement  of 
November  7,  1913,  that  you  give  a  hearing  upon  said 
grievances  and  render  an  award  thereon  as  provided  by 
said  agreement  and  under  the  authority  conferred  upon 
you  thereby. 

(Signed)  Albert  H.  Brown, 

W.  H.  Mayfield, 

James  W.  Fisher, 

William  F.  White, 

Ralph  W.  Belch, 

Thomas  Kinney, 

Ollie  Underwood, 
Michael  F.  McHugh, 
William  J.  Lawler, 

John  A.  Foster, 

French  W.  Airhart, 
Committee  of  Employes.” 

On  the  2 1  st  day  of  November,  1913.  the  Indianapolis 
Traction  and  Terminal  Company  filed  with  this  Commission 
an  answer  to  the  various  grievances  presented  by  said  Com¬ 
mittee,  which  answer  was  as  follows : 


i 


29 


STATE  OF  INDIANA 


BEFORE  THE  INDIANA  PUBLIC  SERVICE 

COMMISSION. 

IN  RE 

GRIEVANCES  PRESENTED  BY 

George  L.  Heede, 

W.  H.  Mayfield, 

R.  A.  McDaniel, 

W.  H.  Esary, 

James  W.  Fisher, 

Ralph  W.  Belch, 

Albert  H.  Brown, 

John  Maloney, 

Committee  of  Employes, 

to  the 

Indianapolis  Traction  and  Terminal  Company. 

ANSWER. 

The  respondent,  the  Indianapolis  Traction  and  Terminal 
Company,  makes  the  following  answer  to  the  various  griev¬ 
ances  presented  by  said  Committee,  as  a  basis  for  the  presenta¬ 
tion  and  trial  thereof  before  the  Indiana  Public  Service  Com¬ 
mission,  and  upon  which  the  decision  of  said  Commission  is 
sought : 

i.  As  to  the  first  grievance  presented: 

(a)  The  respondent  objects  to  the  presentation  or 
consideration  of  this  grievance  for  each  of  the 
following  reasons : 


30 


(1)  That  the  same  is  not  within  the  scope  of 
the  contract  of  November  7,  1913,  and  is  not 
one  of  the  matters  to  be  submitted  to  arbitration. 

(2)  That  the  same  is  not  within  the  jurisdic¬ 
tion  of  the  Indiana  Public  Service  Commission 
under  said  contract  of  November  7,  1913. 

(b)  And  the  said  respondent  declines  to  accede  to 
the  said  grievance  for  the  reason  that  the  said 
contract  of  November  7,  1913,  and  this  arbitra¬ 
tion  thereupon  constitutes  an  adjudication  and 
adjustment  of  all  grievances  which  have  or  may 
arise  within  a  period  of  three  years,  and  that  this 
respondent  cannot  be  required  to  enter  into  any 
contract  extending  beyond  said  time  or  having 
the  effect  of  abrogating  said  contract  of  No¬ 
vember  7,  1913. 

2.  As  to  the  second  grievance : 

(a)  The  respondent  states  that  it  is  not  practicable 
in  the  operation  of  the  respondent’s  road  to  fur¬ 
nish  the  service  required  to  accommodate  the 
public  in  the  city  of  Indianapolis  upon  a  sched¬ 
ule  providing  that  seventy-five  per  cent,  of  the 
runs  shall  be  earlies  and  lates,  or  that  they  shall 
be  completed  within  eleven  consecutive  hours,  or 
providing  for  the  completion  of  swing  runs 
within  fourteen  consecutive  hours. 

And  respondent  declines  to  accede  to  the  de¬ 
mand  that  time  and  one-half  shall  be  paid  for 
all  time  work  in  excess  of  daily  schedules,  and 
that  all  runs  working  less  than  nine  hours  shall 
be  paid  nine  hours’  time. 

3.  As  to  the  third  grievance  : 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  for  said  grievance;  that  in  fact  all  owl  cars 
operated  by  said  respondent,  and  all  crews  oper¬ 
ating  such  cars,  operate  for  more  than  eight 


3i 


hours,  and  that  there  is  no  run  upon  owl  cars 
which  operates  less  than  nine  hours. 

And  your  respondent  further  says  that  men  run¬ 
ning  owl  cars  are  not  required  to  work  extra 
runs  or  trippers. 

4.  In  answer  to  the  fourth  grievance : 

(a)  Your  respondent  objects  to  any  consideration  of 
the  wages  of  interurban  and  suburban  line  men, 
for  the  reason  that  no  such  cars  are  operated 
by  this  Company. 

(b)  Your  respondent  objects  to  any  consideration  of 
the  wages  of  shop  men,  power  house  men  and 
track  men,  for  the  reason  that  it  was  not  in¬ 
tended  that  said  contract  of  November  7,  1913, 
should  apply  to  this  class  of  employment,  but  it 
was  intended  only  that  it  should  apply  to  men 
engaged  in  train  service. 

(c)  Your  respondent,  for  answer  to  so  much  of  said 
grievance  as  relates  to  the  wages  of  car  service 
men,  says  that  since  June  1,  1913,  and  at  all 
times  thereafter  this  Company  has  maintained 
a  schedule  of  wages  applicable  to  men  engaged 
in  car  service  upon  the  following  basis : 

Men  employed  1  year  or  less _ 20c  per  hour 

Men  employed  more  than  1  year  and  less 

than  2 _ 21c  per  hour 

Men  employed  more  than  2  years  and 

less  than  3 _ 22c  per  hour 

Men  employed  more  than  3  years  and 

less  than  4 _ 23c  per  hour 

Men  employed  more  than  4  years  and 

less  than  5 _ 24c  per  hour 

Men  employed  5  years  and  over _ 25c  per  hour 

That  the  foregoing  rates  of  wages  are  reason¬ 
able,  fair  and  just;  that  this  company  has  at  all 
times  been  able  to  procure  labor  in  this  depart¬ 
ment  for  the  rate  of  wage  above  stated,  and  at 
all  times  has  had  applications  for  employment 


32 


from  more  men  than  it  could  employ;  that  no 
previous  knowledge  or  skill  is  required  in  the 
operation  of  said  cars,  and  the  rate  of  wages 
paid  by  this  company  is  as  high  as  other  employ¬ 
ers  in  Indianapolis  are  paying  for  men  of  the 
same  degree  of  skill  and  ability  and  in  avenues 
of  employment  where  the  same  degree  of  physi¬ 
cal  and  mental  effort  is  required;  that  this  com¬ 
pany  has  voluntarily  increased  the  wages  of  its 
men  engaged  in  car  service  from  time  to  time 
during  the  past  four  years  to  such  an  extent  that 
the  men  in  short  terms  of  service  have  had  an  in¬ 
crease  in  wages  amounting  to  about  eleven  per 
cent.,  while  those  whose  terms  of  service  have 
been  longer  have  made  an  increase  of  practically 
twenty  per  cent,  in  four  years,  and  that  on  and 
before  the  thirty-first  day  of  October,  1913,  car 
service  men  in  the  employ  of  this  company  were 
satisfied  with  the  rate  of  wage  paid  and  the 
working  conditions,  and  there  did  not  at  that 
time  exist  and  had  not  existed  for  several  years 
prior  thereto  any  disputes  or  grievances  what¬ 
ever.  That  about  four  months  prior  to  the  said 
thirty-first  day  of  October,  1913,  outside  labor 
agitators,  seeking  to  gain  for  themselves  finan¬ 
cial  advantage,  had  been  attempting  to  foment 
dissatisfaction  among  the  employes  of  this  com¬ 
pany,  and  did  on  or  about  November  1,  1913, 
declare  a  strike,  and  through  violent  and  un¬ 
lawful  means  drag  and  beat  the  employes  of  this 
company  from  their  cars,  intimidate  them,  and, 
by  threats  and  personal  violence,  prevent  them 
from  operating  the  cars  of  this  company,  and 
produced  a  condition  of  riot  and  anarchy  in  the 
streets  of  Indianapolis  and  the  suspension  of 
street  car  service,  such  persons  pretending  and 
holding  themselves  out  to  represent  the  employes 
of  this  company;  and  claiming  that  grievances 
existed,  whereas  in  truth  and  in  fact  no  such 
grievances  did  exist,  and  the  employes  of  this 
company  engaged  in  car  service  did  not  desire 


33 


to  quit  the  company’s  service,  ana  in  truth  and 
in  fact  were  satisfied  with  the  rate  of  wage 
which  they  were  receiving. 

(d)  As  to  so  much  of  said  grievance  as  relates  to 
the  wages  of  barn  employes  your  respondent 
says,  since  June  i,  1913,  this  company  has  main¬ 
tained  a  rate  of  wage  for  this  class  of  employes 
according  to  the  following  schedule : 

WAGES  OF  BARN  EMPLOYES  OF  THE  INDIAN¬ 
APOLIS  TRACTION  AND  TERMINAL  COMPANY. 


Employment. 

No. 

Honrs. 

Amount. 

Foremen 

9 

84  per  week 

19.50 

per 

week 

Foremen  -  „ 

1 

84  per  week 

18.50 

per 

week 

Foremen 

2 

84  per  week 

I7-50 

per 

week 

Asst.  Foreman _ 

2 

84  per  week 

15.00 

per 

week 

Car  Shifters 

1 

84  per  week 

15.00 

per 

week 

Car  Shifters 

1 

84  per  week 

•23 

per 

hour 

Car  Shifters 

3 

84  per  week 

.20 

per 

hour 

Car  Shifters 

3 

84  per  week 

•17 

per 

hour 

Car  Shifters 

1 

84  per  week 

.162-3 

per 

hour 

Car  Shifters 

5 

84  per  week 

•15 

per 

hour 

Car  Shifters 

1 

84  per  week 

.17  1-2 

per 

hour 

Relief  Car  Men _ 

1 

84  per  week 

.20 

per 

hour 

Relief  Car  Men _ 

2 

84  per  week 

.17  1-2 

per 

hour 

Sweepers 

12 

84  per  week 

•15 

per 

hour 

Watchman 

2 

84  per  week 

.15 

per 

hour 

janitor 

2 

70  per  week 

•15 

per 

hour 

Reading  Statements 

1 

84  per  week 

.15 

per 

hr:  ir 

Insp.  (Rd.  Officers) 

1 

84  per  week 

23.10 

per 

week 

Insp.  (Rd.  Officers) 

3 

84  per  week 

21.15 

per 

week 

Insp.  (Rd.  Officers) 

5 

84  per  week 

20.00 

per 

week 

Ticket  Sellers _ 

1 

60  per  week 

I7-50 

per 

week 

Ticket  Sellers 

1 

35  per  week 

n-55 

per 

week 

Flagmen 

5 

63  per  week 

.12  1-2 

per 

hour 

Flagmen 

1 

70  per  week 

•15 

per 

hour 

Flagmen 

2 

84  per  week 

•25 

per 

hour 

Switch  boys 

6 

66  per  week 

.10  20-33  Per 

hour 

That  said  rate  of  wage  is  reasonable  compensa¬ 
tion  for  the  services  rendered,  and  is  and  has  been 


34 


sufficient  to  enable  this  company  to  obtain  all  the 
help  required,  and  to  attract  applications  from 
more  persons  than  could  be  given  employment, 
and  is  the  current  rate  of  wage  for  like  service 
requiring  like  application  of  skill  and  ability  in 
the  City  of  Indianapolis,  and  is  fair,  just  and 
reasonable. 

(e)  As  to  so  much  of  said  grievance  No.  4  as  re¬ 
lates  to  the  wages  of  shop  employes,  your  respond¬ 
ent  makes  answer  that  since  June  1,  1913,  this 
company  has  maintained  the  following  wage  scale 
applicable  to  this  class  of  labor : 


LIST  OF  SHOP  EMPLOYES— INDIANAPOLIS  TRAC¬ 
TION  AND  TERMINAL  CO. 


Carpenter  Dept. 


— Foreman  _  . 

$25.00 

per 

week 

— Asst.  Foreman 

19.50 

per 

week 

— Pattern  Maker  _.  _ 

•35 

per 

hour 

— Machine  Hands 

•30 

per 

hour 

— 1st  class  Carpenters 

•2  7'/2 

per 

hour 

— 2nd  class  Carpenters  _ 

•25 

per 

hour 

— 3rd  class  Carpenters 

22p? 

per 

hour 

— Carpenter's  Helpers 

.20 

per 

hour 

— Laborers 

.  1  iVi 

per 

hour 

Total _ 50 


1— 

1— 

3- 

8- 

2 — 

3~ 

5” 

1— 

5- 


Car  Inspectors. 

-Chief  Inspector _ $100.00 

Clerk  _  40.00 

Inspectors  (Head  Barn  In¬ 
spector)  _  -27/4 

Inspectors  (Above  5  yrs.)  .25 

-Inspectors  (4  yrs.  to  5  yrs.)  .24 

-Inspectors  (3  yrs.  to  4  yrs.)  .23 

Inspectors  (Car  Shifters).  .22p2 

-Inspector  (2  yrs.  to  3  yrs.)  .22 

Inspectors  (1  yr.  to  2  yrs.)  .21 


per  month 
per  month 

per  hour 
per  hour 
per  hour 
per  hour 
per  hour 

npr  hour 


35 


i — Inspector.  (6  mo.  to  i  yr.)  .20 

14 — Inspectors  (o  to  6  mos.)__  .19 

Total _ 44  Maximum  rate  for  12-hr. 

men _  .22^ 

Car  Washers  in  Paint  Shop. 

3 — Car  Washers _  .20 

20 — Car  Washers _  .1 yl/2 


Total _ 23 


Paint  Shop. 

1 — Foreman  _ $25.00 

1 — Asst.  Foreman _  18.00 

5 — 1st  class  Painters _  .27^/2 

1 2 — 2nd  class  Painters _  .25 

9 — 3rd  class  Painters _  .22]/2 

1 — Car  Washer _  .20 

7 — Car  Washer _  .17^2 


T  otal _ 36 


Repair  Shop. 

1 — Foreman  _ $115.00 

1 — Clerk  (Armature  Dept.)__  13.65 

1 — Foreman _  18.00 

3 — Winders _  .25 

1 —  Winder _  .22I/d 

2 —  Winders _  .20 

3 —  Banders  _  .1 7 

3 — Tapers  _  .15 

1 — Taper _  .10 

Controller  Dept. 

1 —  Foreman _ $16.50 

2 —  Controller  Repair  Men  (1st 

class)  _  .25 

Wiring  Dept. 

1 — Foreman  _ $16.50 

1 — Wireman  (1st  class) _  .25 

36 


per  hour 
per  hour 

per  hour 

per  hour 
per  hour 


per  week 
per  week 
per  hour 
per  hour 
per  hour 
per  hour 
per  hour 


per  month 
per  week 
per  week 
per  hour 
per  hour 
per  hour 
per  hour 
per  hour 
per  hour 

per  week 
per  hour 

per  week 
per  hour 


i — Wireman  (2d  class) _  . 22y2  per  hour 

3 — Wireman  Helpers  (1st 

class)  -  .20  per  hour 

3 — Wireman  Helpers  (2nd 

class)  -  .19  per  hour 

1 — Wireman  Helper  (3rd 

class)  - -  -17/4  per  hour 

Machine  Dept. 

1 — Section  Foreman _ $19.50  per  week 

3 — Machinists  (2d  class) _  .273/2  Per  hour 

3 —  Machinists  (3rd  class) _  .25  per  hour 

1 — Machinist  Helper  (1st 

class)  _  .223/2  per  hour 

4 —  Machinist  Helpers  (2nd 

class)  - 2_  .20  per  hour 

1 —  Tool  Room  Clerk _  .1754  per  hour 

2 —  Machinist  Helpers _  •I7/4  per  hour 

Tin  Dept. 

1 — Tinner  (1st  class) _  .30  per  hour 

1 — Tinner  Helper _  .223/2  per  hour 

1 — Tinner  Helper _  .I7>4  per  hour 

Blacksmith  Dept. 

1 — Section  Foreman _  .35  per  hour 

1 — 1st  class  Blacksmith _  .30  per  hour 

1 — 1st  class  Helper _  .223/4  per  hour 

3 —  Experienced  Helpers _  .20  per  hour 


Total— _53 


Truck  Dept. 

1 — Section  Foreman _  .273/2  per  hour 

5 — Pit  Men  (above  4  yrs. ) _  .25  per  hour 

t — Pit  Man  (3  yrs.  to  4  yrs.)  .24  per  hour 

1 — Pit  Man  (2  yrs.  to  3  yrs.)  .23  per  hour 

1 — Pit  Man  (1  yr.  to  2  yrs.)  .22  per  hour 

1 — Pit  Man  Helper  (above  1 

year)  _ _  .20  per  hour 

9 — Pit  Men  (otoiyr.) _  .19  per  hour 


37 


Air  Brake  Dept. 

i — Section  Foreman _  .2 yl/2  per  hour 

1 —  Repairman  (1st  class) _  .25  per  hour 

2 —  Repairman  Helpers  (1st 

class)  -  .20  per  hour 

Piping  Dept. 

1 — Section  Foreman _  .27*4  per  hour 

1 — Pipe  Helper  (1st  class) _  .20  per  hour 

1 — Pipe  Helper  (2nd  class) __  .19  per  hour 

Miscellaneous. 

1 — Welder _  .27L2  per  hour 

1 — Trolley  Man _  .20  per  hour 

4 — Laborers _  .  17L2  Per  hour 

1 — Laborer  _  .15  per  hour 


Total - 33 

Time  and  half  for  overtime.  Straight  time  for 
Sundays  or  holidays.  Day  to  be  10  hours,  ex¬ 
cept  Saturday,  which  is  9  hours,  but  paid  for  10 
hours. 

The  scale  for  car  washers  and  inspectors  went  into 
effect  November  1,  1913. 

That  said  rate  of  wage  has  been  sufficient  to  pro¬ 
cure  all  the  labor  required  in  this  branch  of  this 
company’s  affairs  and  to  attract  applications  from 
a  large  number  of  persons  who  could  not  be  em¬ 
ployed,  and  is  as  high  rate  of  wage  as  is  ordinarily 
paid  in  the  city  of  Indianapolis  for  service  re¬ 
quiring  the  same  knowledge,  skill,  ability  and  ap¬ 
plication,  and  is  fair,  just  and  reasonable. 

(f)  As  to  so  much  of  said  grievance  No.  4  as  relates 
to  the  wages  of  power  station  employes,  this  com¬ 
pany  makes  answer  that  it  has  since  June  1,  1913, 
maintained  the  following  scale  of  wages : 

Power  Station  Scale  of  Wages. 

No.  Title.  No.  of  Hours.  Amount. 

1 — Chief  Operat¬ 
ing  Eng _ 10  hrs.  per  day  $28.85  per  wk 

38 


No.  Title.  No. 

of  Hours. 

Amount. 

2 — Engineers _ 1 1&  1 

3  hrs.  per  day 

.25  per 

hr 

2 — Turbine  Men.  12 

hrs.  per  day 

.20  per 

hr 

1 — Oiler  12 

hrs.  per  day 

.20  per 

hr 

2 — Oilers  12 

2 — W  ater  fen- 

hrs.  per  day 

.  1 9  per 

hr 

ders  ii&i 

3  hrs.  per  day 

.25  per 

hr 

6 — Firemen _ 1 1&13  hrs.  per  day 

.20  per 

hr 

5 — Firemen  and 

Helpers _ 1 1&1 

3  hrs.  per  day 

.18  per 

hr 

1 — Fireman  and 

Helper _ 1 1 

hrs.  per  day 

.20  per 

hr 

1 — Boiler  Wash- 

er  ..  12 

hrs.  per  day 

.22  J/2 

hr 

1 — Boiler  Wash- 

er  11 

hrs.  per  day 

.22  per 

hr 

1 — Operator _ 1 1 

hrs.  per  day 

.22  per 

hr 

1 — Operator _ 13 

hrs.  per  day 

.20  per 

hr 

1 — Operator _ 1 1 

hrs.  per  day 

.18  per 

hr 

2— Coal  Men _ 12 

hrs.  per  day 

.i7l/2 

hr 

1  — T rolleyman  _  _  1 1 

hrs.  per  day 

.18  per 

hr 

3 — Laborers _ 1 1 

hrs.  per  day 

.18  per 

hr 

2 — W atchmen  _  _  1 2 

hrs.  per  day 

.20  per 

hr 

1 — Machinist  (as  needed) 

.30  per 

hr 

1 — Carpenter _ 10 

1 — Steam  Shovel 

hrs.  per  day 

.25  per 

hr 

Man  12 

hrs.  per  day 

.22  per 

hr 

Daymen  work  n  hours  a  day.  Night  men  work 
13  hours  a  day.  Overtime  on  same  basis  except 
machinists  and  carpenters,  who  are  allowed  time 
and  one-half  for  overtime. 

That  said  wage  scale  has  been  sufficient  to  at¬ 
tract  more  applicants  than  could  be  given  employ¬ 
ment,  and  to  procure  all  the  labor  in  this  depart¬ 
ment  which  this  company  required,  and  is  as  high 
as  is  generally  paid  in  the  City  of  Indianapolis  for 
work  requiring  the  same  knowledge,  skill,  ability 
and  application,  and  is  fair,  reasonable  and  just, 
(g)  As  to  so  much  of  said  grievance  No.  4  as  re¬ 
lates  to  the  wages  paid  in  the  track  department 
of  this  company,  your  respondent  makes  answer 


39 


that  since  June  i,  1913,  it  has  maintained  the  fol¬ 
lowing  scale  of  wages  in  this  department: 


Scale  of  Wages  Paid  Track  Department  Employes . 

Engineering  office  (I.  T.  &  T.  and  T.  H.  I.  &  E.)  Joint, 

703  Traction  Building. 


Supervising  Engineer. 

_ 1 

$150.00  per  mo. 

Tie  Inspector  and  Eng 

1 

125.00  per  mo. 

Office  Asst. 

Engineer 

1 

105.00  per  mo. 

Asst.  Engineer.  __ 

1 

75.00  per  mo. 

Rodman 

1 

.20  per  hr. 

Rodman 

1 

.1 7B2  per  hr. 

Track — 

-Clerical  (West  and  Pratt). 

Employment.  No.  Men.  Rates.  Hrs. 

Bookkeeper _ 1 

$85.00 

per  mo. 

60 

Store  and  Time- 

Keeper  1 

16.50 

per  wk. 

60 

Timekeepers _ 2 

12.00 

per  wk. 

60 

Timekeeper  (as 

required _ 3 

10.50 

per  wk. 

60 

Yard  Clerk _ 1 

•25 

per  hr. 

70  Belt  Yards 

Yard  Clerk _ 1 

.20 

per  hr. 

70  Gravel  Pit 

Emergency  Man_  1 

.20 

per  hr. 

70  West  &  Pratt 

Emergency  Man_  1 

.17J/2  per  hr. 

70 

Work  Train  Service. 

Train  Master _ 1 

•30 

per  hr. 

66 

Motormen  6 

•25 

per  hr. 

66 

Motormen  2 

•23 

per  hr. 

66 

Motorman  1 

.22' 

per  hr. 

66 

Motormen  2 

.21 

per  hr. 

66 

Motorman  1 

.20 

per  hr. 

66 

Trolley  Tenders.  12 

•  I7J4  per  hr. 

66 

Construction. 

Supervisor  1 

$95.00 

per  mo. 

First  class  Fore- 

men  2 

•30 

per  hr. 

60 

Second  class  Fore- 

men  5 

•25 

per  hr. 

60 

40 


Third  class  Fore- 


men  _  2 

.22F2  per 

hr. 

60 

Bonding  Foreman  1 
First  class  Labor- 

.2^/2  per 

hr. 

60 

ers  3 

.20  per 

hr. 

60 

Second  class  La- 

borers. _200,  more 

or  less 

•  per 

hr. 

60 

( Colored  Men) 


Maintenance. 


General  Foreman  1 

$20.00 

per  wk. 

Machine  Opera- 

tors  2 

•25 

per  hr. 

60 

Machine  Helpers.  3 

.20 

per  hr. 

60 

Second  class  La- 

bor  (above) 

Curve  Cleaners__i3 

10.50 

per  wk. 

70 

Watchman,  Day.  1 

.20 

per  hr. 

70 

Watchmen,  Night  2 

.1:754  per  hr. 

70 

Watchmen,  Ngt_i5 

10.00 

per  wk. 

70 

Water  Boys  (as 

required) _ 

.oyy2  per  hr. 

60 

Arc  Welder 
and  Grinder 


Paving  Department. 


Superintendent  __  1 
First  class  Fore- 

25.00 

per  wk 

60 

man  1 

Second  class  Fore- 

•30 

per  hr. 

60 

men  3 

Third  class  Fore- 

•25 

per  hr. 

60 

man  1 

.22p2 

per  hr. 

60 

Paving  Labor _ 16 

Ordinary  work 

(as  required)  180, 

.20 

per  hr. 

60 

more  or  less _ 

.17)4  Per  hr. 

60 

Kettlemen  2 

•  i7/4 

per  hr. 

66 

Machine  and  Tool  Department 

General  Foreman  1 

$100.00 

per  mo. 

Blacksmith  1 

•35 

per  hr. 

60 

Blacksmith  1 

•30 

per  hr. 

60 

ist  class  Engr. 


4i 


Helpers 

2 

.20 

per 

hr. 

60 

Drill  Runners _ 

3 

.20 

per 

hr. 

60 

(Shop  and 
street  work) 

Hoisting  Engrs._ 

2 

•30 

per 

hr. 

60 

(Boat,  Thew. 
Steam  Boiler) 

Crane  Men 

2 

.2 yl/2  per 

hr. 

60 

(Thew,  Brown- 
*ng) 

Crane  Man 

1 

•25 

per 

hr. 

60 

(No.  1 14  Mix¬ 
er  Crane) 

Car  Greaser _ 

1 

.20 

per 

hr. 

70 

That  this  wage  scale  has  been  sufficient  to  pro¬ 
cure  all  of  the  labor  required  in  this  department, 
and  to  attract  a  large  number  of  applications  in 
excess  of  the  company's  requirements,  and  the 
wages  paid  are  as  high  as  are  paid  in  Indian¬ 
apolis  for  the  same  degree  of  service  and  are  fair, 
reasonable  and  just. 

(h)  And  generally  as  to  the  whole  of  said  griev¬ 
ance  No.  4  your  respondent  says  that  it  declines  to 
accede  to  the  demands  made  in  said  grievance  or 
to  increase  the  rate  of  wage  to  be  paid  in  any  of 
said  employments  or  departments  of  employment, 
and  contends  that  it  cannot  be  required  as  the  re¬ 
sult  of  a  strike  or  by  means  of  arbitration  to  pay 
a  higher  wage  rate  than  is  necessary  to  pro¬ 
cure  the  labor  required  in  its  business  in  the  mar¬ 
ket  in  which  it  gets  its  labor,  and  that  any  and 
all  attempts  through  the  medium  of  strikes,  re¬ 
sorts  to  rioting,  lawlessness  and  the  application  of 
force  to  the  employes  of  this  company  and  those 
desiring  to  seek  employment  from  it  to  arbitra¬ 
rily  increase  the  price  of  labor  and  thereby  com¬ 
pel  this  company  to  pay  an  artificial  wage  greater 
than  is  necessary  to  procure  its  labor  in  the  open 
market  are  unlawful  and  deprive  your  respondent 
of  the  equal  protection  of  the  laws  in  violation  of 
the  guarantees  contained  in  the  constitution  of  the 
United  States,  and  should  not  receive  recognition 
from  this  Board  of  Arbitration  in  making  its 
award. 


42 


5.  As  to  the  Fifth  Grievance: 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  in  fact  for  said  fifth  grievance.  That  regular 
motormen  and  conductors  do  not  have  additional 
trips  added  to  their  runs  for  the  Sunday  or  holi¬ 
day  schedules.  That  extra  men  are  employed  to 
take  care  of  the  extra  work  due  to  Sunday  and 
holidav  schedules. 

Your  respondent  further  says  that  a  reasonable 
time  of  not  less  than  twentv  minutes  is  and  has 
been  at  all  times  allowed  to  motormen  and  conduc¬ 
tors  within  which  to  eat  their  meals,  and  that  the 
company  does  pay  and  has  been  paying  for  the 
time  so  occupied. 

That  it  is  not  practicable  that  it  should  be  made 
the  duty  of  dispatchers,  local  superintendents,  road 
masters  or  starters  to  see  that  the  men  have  pro¬ 
vision  made  for  meal  time  when  the  cars  are 
blocked  or  late,  for  under  such  circumstances  the 
proper  discharge  of  the  duty  of  this  company  to 
the  public  requires  that  such  dispatchers  and  other 
officials  shall  give  their  attention  to  the  movement 
of  cars  and  restoration  of  traffic  to  its  normal 
schedules. 

And  your  respondent  declines  to  accede  to  the 
demand  that  runs  working  less  time  on  Sundays 
and  holidays  than  the  time  called  for  on  week¬ 
day  schedules  shall  be  paid  according  to  week¬ 
day  schedule  time. 

6.  As  to  the  Sixth  Grievance : 

(a)  Your  respondent  is  willing  to  experiment  with 
the  requirement  that  men  shall  only  be  required 
to  report  five  minutes  before  taking  their  runs 
at  the  car  houses.  It  is  the  universal  custom  in 
all  well  regulated  street  railways  to  require  men 
to  report  ten  minutes  before  time  for  taking  their 
runs  in  order  that  the  barn  foremen  may  reassign 
the  work  where  men  fail  to  report,  without  dis¬ 
turbing  the  schedules.  Tf  experience  shows  that  it 


43 


is  practicable  to  require  the  men  to  report  five  min¬ 
utes  before  taking  their  runs,  your  respondent  is 
willing  to  make  that  rule  permanent ;  otherwise  re¬ 
serves  the  right  to  change  the  present  system. 
Your  respondent  declines  to  accede  to  a  hard  and 
fast  rule  that  two  days  only  on  the  extra  list  shall 
be  the  penalty  for  missing  the  runs,  but  reserves 
the  right  to  govern  the  penalty  according  to  the 
character  of  the  offense  and  reason  which  may  ex¬ 
ist  for  having  failed  to  report  in  time  to  take  out 
any  particular  run. 

Your  respondent  accedes  to  the  proposition  that 
men  who  are  delayed  without  their  fault  by  rea¬ 
son  of  blockades  on  the  line,  and  thereby  pre¬ 
vented  from  taking  out  their  runs  shall  not  be 
penalized  further  than  to  lose  their  run  for  that 
day  only.  This  is  and  has  been  the  custom  at  all 
times  in  the  carrying  on  of  the  respondent’s  busi¬ 
ness,  and  no  foundation  exists  for  grievance  in 
this  respect. 

7.  As  to  the  Seventh  Grievance : 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  for  said  seventh  grievance;  that  the  com¬ 
pany  maintains  a  working  board;  that  wherever 
practicable  it  is  marked  up  by  the  middle  of  the 
afternoon;  that  the  list  of  extra  men  is  made  and 
placed  in  plain  sight  so  that  extra  men  can  see 
their  standing  for  work,  and  that  they  are  marked 
when  they  get  a  run  or  miss. 

8.  As  to  the  Eighth  Grievance : 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  in  fact  for  said  eighth  grievance.  That  the 
station  foremen  in  the  company’s  various  barns 
keep  a  record  of  the  men  who  ask  off  and  of  the 
day  or  days  upon  which  they  wish  to  get  off. 
That  it  is  not  practicable  that  employes  desiring 
to  get  off  shall  be  required  to  register  in  ink,  for 
in  many  cases  of  sickness  or  other  like  reason 


44 


such  requests  are  made  and  must  be  made  with¬ 
out  the  actual  presence  of  the  employe  at  the  barn. 
That  it  is  not  practicable  to  require  men  to  ask  off 
seven  days  in  advance. 

Your  respondent  declines  to  accede  to  the  demand 
that  a  class  of  employes  shall  have  a  preference 
in  being  excused  from  work,  but  says  that  it  is 
necessary,  in  order  to  maintain  the  service,  that 
the  barn  foreman  should  have  a  reasonable  dis¬ 
cretion  in  excusing  or  refusing  to  excuse  men 
from  work  on  any  particular  day. 

9.  As  to  the  Ninth  Grievance: 

(a)  Your  respondent  objects  to  any  consideration  of 

the  ninth  grievance,  upon  the  ground :  ( 1 )  That 

it  is  not  within  the  terms  of  the  contract  of  No¬ 
vember  7,  1913,  and  (2)  That  it  is  not  within 
the  jurisdiction  of  the  commission  under  said 
contract  of  November  7,  1913. 

(b)  Your  respondent  declines  to  accede  to  the  said 
ninth  grievance  upon  the  ground  that  the  said 
contract  of  November  7.  1913,  together  with  the 
decision  of  this  commission  upon  this  arbitration, 
settles  all  matters  of  condition  of  employment  for 
a  period  of  three  years,  and  that  this  respondent 
can  not  be  required  to  enter  into  any  contract 
with  anybody  other  than  said  contract  of  Novem¬ 
ber  7,  1913. 

(c)  Your  respondent  declines  to  accede  to  said  griev¬ 
ance  for  the  reason  that  it  objects  to  any  arrange¬ 
ment  which  will  under  any  circumstances  limit 
its  managing  officers  in  connection  with  the  em¬ 
ployment  or  the  reinstatement  of  any  class  of 
employes. 

10.  As  to  the  Tenth  Grievance: 

(a)  Your  respondent  states  that  there  is  no  founda¬ 
tion  in  fact  for  said  grievance.  That  all  cars 
are  and  have  been  at  all  times  cleaned  and  equip- 


45 


ped  by  barn  men  before  being  placed  in  charge  of 
motormen  and  conductors,  and  that  this  fully  ap¬ 
plies  to  the  car  stoves,  and  car  service  men  are  not 
and  have  not  been  required  to  do  any  of  that 
work. 

i .  As  to  the  Eleventh  Grievance  : 

(a)  Your  respondent  is  not  willing  to  accede  to  the 
demand  that  every  extra  man  shall  be  paid  not 
less  than  one  and  one-half  dollars  for  each  and 
every  day  when  he  receives  no  work.  Your  re¬ 
spondent  states  that  there  is  no  foundation  in  fact 
for  this  grievance,  for  the  reason  that  extra  men 
average  as  much  throughout  the  month  as  the 
minimum  wage  demanded. 

That  there  is  no  foundation  in  fact  for  the  griev¬ 
ance  that  extra  men  not  receiving  work  are  held 
longer  than  necessary  in  any  one  day;  that  ordi¬ 
narily  they  are  excused  by  four  o’clock  in  the  af¬ 
ternoon. 

That  there  is  no  foundation  for  the  grievance  that 
the  extra  board  does  not  provide  that  the  first 
man  in  shall  be  the  first  man  out,  as  this  is  and 
always  has  been  the  custom  in  carrying  out  the 
respondent’s  business. 

Your  respondent  concedes  and  is  willing  to  put 
into  practical  operation  directions  at  its  barns, 
whereby  extra  men  working  after  twelve  o'clock 
midnight  shall  not  be  required  to  report  before 
nine  o'clock  a.  m.  the  following  day. 

Your  respondent  declines  to  accede  to  any  ar¬ 
rangements  whereby  the  station  master  at  any 
particular  barn  shall  be  limited  in  his  discretion 
in  imposing  discipline  upon  men  who  miss  the 
extra  list,  but  contends  that  the  station  master 
must  necessarily  have  the  right  to  take  the  facts 
and  circumstances  into  consideration  in  deciding 
what  penalties  should  be  imposed  for  being  ab¬ 
sent  without  leave. 

46 


12.  As  to  the  Twelfth  Grievance: 

(a)  Your  respondent  shows  that  it  is  and  has  been 
the  custom  for  a  long  time  on  its  lines  to  issue 
to  its  employes  free  employe’s  tickets,  entitling 
them  to  ride  from  their  homes  to  their  work  and 
from  their  work  to  their  homes,  but  further  than 
this  such  free  transportation  has  never  been  the 
custom  in  Indianapolis.  That  in  the  practical 
operation  of  this  custom  grave  abuses  have  always 
existed  and  do  now  exist  in  Indianapolis  on  ac¬ 
count  of  the  manner  in  which  such  employe’s 
tickets  are  transferred,  held  back,  used  bv  other 
persons  and  otherwise  misapplied. 

13.  As  to  the  Thirteenth  Grievance  : 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  in  fact  for  said  grievance.  That,  except  in 
cases  of  emergency,  conductors  are  not  required 
to  work  as  motormen  and  motormen  are  not  re¬ 
quired  to  work  as  conductors,  but  your  respond¬ 
ent  further  shows  that  an  invariable  rule  in  this 
respect  would  at  times  impair  the  service. 

14.  As  to  the  Fourteenth  Grievance: 

(a)  Your  respondent  objects  to  the  consideration 

of  this  grievance  for  the  reason :  ( 1 )  That  it  is 

not  within  the  scope  of  the  contract  of  Novem¬ 
ber  7,  1913,  and  (2)  It  is  not  within  the  jurisdic¬ 
tion  of  the  arbitrators  under  said  contract  of  No¬ 
vember  7,  1913. 

(b)  Your  respondent  declines  to  accede  to  said 
fourteenth  grievance  upon  the  ground  that  the 
said  contract  of  November  7,  1913,  together  with 
the  decision  of  this  Board  of  Arbitrators  consti¬ 
tutes  an  adjudication  of  all  matters  arising  within 
the  next  three,  years,  and  that  the  jurisdiction  of 
this  board  does  not  extend  beyond  three  years, 
and  that  this  respondent  cannot  be  required  to 
enter  into  any  contract,  and  especially  a  contract 


47 


which  would  impair  the  force  and  validity  of 
said  contract  of  November  7,  1913,  or  the  de¬ 
cision  of  this  Board  of  Arbitration. 

(c)  Your  respondent  declines  to  accede  to  said  four¬ 
teenth  grievance  upon  the  further  ground  that  it 
would  impair  the  efficiency  of  the  service;  that  it 
would  take  away  from  your  respondent  the  free¬ 
dom  of  action  to  which  it  is  entitled  under  the 
law,  and  would  limit  the  scope  to  which  it  might 
impose  discipline  and  that  such  a  contract  is 
against  public  policy. 

15.  As  to  the  Fifteenth  Grievance: 

(a)  Your  respondent  accedes  and  is  willing  to  put 
in  effect  a  change  in  its  payment  of  wage  scales 
whereby  conductors  who  are  relieved  from  their 
cars  or  take  their  cars  at  points  other  than  their 
barns  shall  be  paid  for  the  time  necessarily  re¬ 
quired  in  transportation  from  the  barn  to  the  place 
of  taking  or  leaving  the  car,  as  the  case  may  be, 
computed  to  the  nearest  five  minutes. 

As  to  barn  and  shop  men,  your  respondent  an¬ 
swers  that  there  is  no  foundation  for  the  griev¬ 
ance,  as  in  all  cases  they  are  paid  from  the  time 
they  leave  or  arrive  at  the  barn  or  shop,  and  such 
has  been  the  custom  on  the  part  of  this  respondent 
for  a  long  time. 

16.  As  to  the  Sixteenth  Grievance: 

(a)  Your  respondent  declines  to  accede  to  the  de¬ 
mand  that  extra  wages  shall  be  paid  motormen 
or  conductors  while  instructing  students. 

17.  As  to  the  Seventeenth  Grievance : 

(a)  Your  respondent  says  that  there  is  no  foun¬ 
dation  in  fact  for  the  grievance  as  to  working 
conditions  specified.  Motormen  and  conductors 
are  in  all  cases  employed  for  snow  plow  and 

48 


sweeper  work.  Such  employes  when  completing 
this  work  in  less  time  than  is  employed  in  their 
regular  service  do  and  have  received  full  pay  for 
the  number  of  hours  composing  their  regular  runs 
for  that  day.  The  time  for  meals  is  allowed  at 
the  expense  of  the  company,  and  the  meals  are 
furnished  by  the  company. 

The  respondent  declines  to  accede  to  the  demand 
that  double  pay  should  be  allowed  for  snow  plow 
or  sweeper  work,  but  that  allowing  time  for  the 
regular  run  of  the  employe  for  that  day  is  equi¬ 
table,  and  that  in  nearly  all  cases  the  work  of  a 
snow  plow  or  sweeper  is  completed  in  much  less 
time  than  is  occupied  by  his  regular  run. 

1 8.  As  to  the  Eighteenth  Grievance : 

(a)  The  respondent  says  that  there  is  no  founda¬ 
tion  in  fact  for  this  grievance,  as  the  general  su¬ 
perintendent  is  and  has  been  in  the  habit,  and  it 
is  his  custom  at  his  office  on  every  day  in  the 
week,  to  meet  with  suspended  or  otherwise  dis¬ 
ciplined  employes  and  to  give  them  a  fair  and  im¬ 
partial  hearing,  and  to  deal  with  their  cases  ac¬ 
cording  to  their  merits. 

19.  As  to  the  Nineteenth  Grievance: 

(a)  Your  respondent  says  that  there  is  no  founda¬ 
tion  in  fact  for  this  grievance.  That  by  orders 
and  directions  of  the  president  issued  in  1901 
the  employes  have  at  all  times  had  the  right  to 
appeal  to  the  president  from  the  decision  of  the 
general  superintendent,  and  to  be  heard  in  person 
at  the  office  of  the  president. 

That  it  is  impractical  that  the  president  should 
have  a  fixed  engagement  for  the  hearing  of  such 
appeals,  or  that  there  should  be  any  fixed  method 
of  submitting  the  facts  relative  to  such  appeals. 
That  the  company  does  keep  and  has  for  a  long 
time  kept  a  record  of  the  violation  of  rules  and 


49 


trespass  of  its  employes,  and  the  character  of  the 
discipline  imposed  in  each  particular  case. 

20.  As  to  the  Twentieth  Grievance: 

(a)  Your  respondent  says  there  is  no  foundation  in 
fact  for  this  grievance.  That  the  seniority  of  the 
records  of  motormen  and  conductors  are  kept  at 
the  car  houses  where  they  report,  and  that  they 
are  listed  according  to  such  seniority,  and  that 
there  are  no  barns  or  parts  of  barns  consolidated 
or  about  to  be  consolidated  or  which  have  re¬ 
cently  consolidated. 

21.  As  to  the  Twenty-first  Grievance: 

(a)  Your  respondent  shows  that  there  is  no  founda¬ 
tion  in  fact  for  said  twenty-first  grievance.  That 
the  seniority  in  service  at  the  car  house  where  the 
men  report  does  govern  their  actual  seniority. 
That  it  has  not  been  the  custom  to  throw  open 
the  runs  for  picking  and  choosing  on  account  of 
the  demand  of  the  men  themselves  that  they  did 
not  desire  it  to  be  done  in  this  way. 

But  your  respondent  further  says  that  if  it  is  the 
desire  of  the  majority  of  the  men  that  the  runs 
should  be  thrown  open  twice  a  year  for  picking 
and  choosing,  your  respondent  is  willing  to  do 
so,  and  will,  unless  a  majority  of  the  men  protest 
within  a  period  of  ten  days  after  the  filing  of 
this  answer,  make  it  the  rule  and  custom  to  throw 
open  the  runs  for  picking  and  choosing  twice  a 
year,  and  provide  for  suitable  times  for  the  men 
to  choose  the  runs  they  desire. 

Your  respondent  says  that  it  is  not  fair  or  just  in 
the  event  a  run  becomes  vacant  for  the  first  extra 
man  to  take  that  run  and  hold  it  until  the  end  of 
the  period.  But  such  run  should  be  available  to 
the  next  regular  man  who  is  thus  entitled  to  an 
advance  in  seniority.  Further,  that  it  is  not 
practicable  that  when  a  regular  man  is  off  his 
run,  his  run  to  be  filled  by  an  extra  man  for  three 


50 


days,  but  only  that  the  run  should  be  filled  by 
extra  men  during  the  time  that  the  regular  man 
is  off,  and  that  said  extra  men  should  rotate  ac¬ 
cording  to  their  seniority  in  securing  that  run  on 
the  various  days  that  the  regular  man  is  off.  This 
is  and  has  been  the  custom  in  the  management 
of  this  company’s  business,  and  no  foundation 
exists  for  this  grievance. 

22.  As  to  the  Twenty-second  Grievance: 

(a)  Your  respondent  objects  to  any  consideration 
of  said  twenty-second  grievance,  for  the  reason : 
(i)  That  it  is  not  within  the  scope  of  the  con¬ 
tract  of  November  7,  1913,  and  (2)  That  it  is 
not  within  the  jurisdiction  of  the  arbitrators  under 
said  contract  of  November  7,  1913. 

(b)  Your  respondent  declines  to  accede  to  said 
twenty-second  grievance  for  the  reason  that  said 
contract  of  November  7,  1913,  together  with  the 
report  of  this  Board  of  Arbitration  settles  all 
grievances  and  disputes  for  a  period  of  three 
years,  and  this  board  has  no  jurisdiction  for  a 
period  beyond  three  years,  and  this  respondent 
cannot  be  required  to  enter  into  a  contract  which 
would  extend  beyond  a  period  of  three  years  or 
which  would  invalidate  said  contract  of  Novem¬ 
ber  7,  1913,  or  the  award  of  the  Board  of  Arbi¬ 
tration  thereunder. 

23.  As  to  the  Twenty-third  Grievance: 

(a)  Your  respondent  objects  to  any  consideration 
of  said  twenty-third  grievance,  for  the  reason: 
(1)  That  it  is  not  within  the  scope  of  the  con¬ 
tract  of  November  7,  1913,  and  (2)  That  it  is 
not  within  the  jurisdiction  of  the  arbitrators  under 
said  contract  of  November  7,  1913. 

(b)  Your  respondent  declines  to  accede  to  said 
twenty-third  grievance  for  the  reason  that  said 
contract  of  November  7,  1913,  together  with  the 


5i 


report  of  this  Board  of  Arbitration,  settles  all 
grievances  and  disputes  for  a  period  of  three  years, 
and  this  board  has  no  jurisdiction  for  a  period 
beyond  three  years,  and  this  respondent  cannot  be 
required  to  enter  into  a  contract  which  would  ex¬ 
tend  beyond  a  period  of  three  years  or  which 
would  invalidate  said  contract  of  November  7, 
1913,  or  the  award  of  the  Board  of  Arbitration 
thereunder. 

INDIANAPOLIS  TRACTION  AND  TERMINAL  CO. 

(Signed)  By  ROBERT  I.  TODD, 

President. 

The  “first  date  of  meeting"  was  December  4,  1913,  and 
on  that  date  the  following  stipulation  was  filed,  to-wit : 

“STIPULATION. 

“It  is  hereby  agreed  by  all  the  parties  to  this  arbitration 
that  the  provision  in  the  contract  of  November  7,  1913,  to  the 
effect  that  the  decision  of  the  Indiana  Public  Service  Commis¬ 
sion  shall  render  within  thirty  days,  shall  not  be  considered 
binding  upon  said  Commission,  but  that  the  Commission  shall 
take  such  time  as  is  necessary  for  it  to  hear  and  consider  the 
evidence  and  formulate  and  render  its  decision,  and  that  the 
same  shall  be  conclusive  and  binding  upon  all  the  parties  hereto 
as  though  the  same  were  rendered  within  said  period  of  thirty 
days. 

M.  L.  CLAWSON, 

Attorney  for  Committee  of  Employes, 

W.  H.  LATTA, 

Attorney  for  Indianapolis  Traction  and  Terminal  Co.” 


52 


HISTORY  OF  PARTIES  PRIOR  TO  THE  STRIKE. 


The  Indianapolis  Traction  and  Terminal  Company, 
for  a  number  of  years,  has  operated  the  street  railway 
system  of  Indianapolis.  As  owner,  or  lessee,  it  has  con¬ 
trolled  the  entire  property.  Something  less  than  900  car 
service  men  in  the  employ  of  the  company  operate  about 
250  cars  daily. 

Indianapolis  is  the  greatest  inland  city  in  the  world 
and  is  the  center  of  the  largest  interurban  railway  interest 
in  the  United  States.  These  interurban  cars  enter  the 
city  and  reach  the  Traction  and  Terminal  Station  over  the 
lines  of  the  Street  Railway  Company.  This  Traction 
Station  is  very  valuable  property,  owned  by  the  company 
involved  in  this  controversy.  The  rents  of  the  Terminal 
Station  and  the  use  of  the  street  railway  by  the  interurban 
lines  yield  a  large  revenue  to  the  Traction  and  Terminal 
Company. 

All  of  these  electric  railway  lines,  including  the  street 
railway,  had  been  operated  by  non-union  labor  for  many 
years.  There  appears  to  have  been  but  little  agitation 
of  the  union  question  for  some  ten  years  until  about  the 
first  of  August,  1913.  On  this  date  non-resident  labor 
organizers  entered  the  city  and  attempted  to  unionize  the 
train  service  men  of  all  these  electric  lines.  They  were 
representatives  of  a  labor  organization  known  as  the 
Amalgamated  Association  of  Street  and  Electric  Railway 
Employes  of  America. 

These  organizers  were  bold  and  fearless  crusaders 
in  the  union  cause.  By  their  activities  they  enlisted  the 
sympathies  of  many  local  labor  leaders  and  aroused  the 
interest  of  a  large  number  of  the  employes  of  these  elec¬ 
tric  lines. 


53 


Attention  appears  to  have  been  directed  first  to  the 
train  service  men  of  the  interurban  roads.  A  premature 
strike  of  these  employes  in  the  latter  part  of  August 
proved  futile.  After  a  few  days  of  anxiety  normal  inter¬ 
urban  traffic  conditions  were  restored.  During  these  days 
of  solicitude  some  trolley  wires  were  cut  and  other  acts 
of  vandalism  were  committed. 

The  officers  of  the  Traction  and  Terminal  Company 
were  opposed  to  union  labor.  Some  of  the  managers  of 
the  interurban  lines  held  the  same  views,  and  all  were 
opposed  to  a  “closed  shop.” 

After  the  failure  of  the  interurban  strike  the  labor 
organizers  directed  their  efforts  to  unionizing  the  car 
service  men  and  other  employes  of  the  Traction  and  Ter¬ 
minal  Company.  Many  addresses  were  delivered  in  the 
halls  of  labor  organizations  and  much  bitterness  was  en¬ 
gendered  between  some  of  the  employes  and  the  officers 
of  the  company.  The  organizers  appear  to  have  done 
nothing  unlawful  previous  to  the  strike  of  October  31. 

The  officials  of  the  Traction  and  Terminal  Company 
vigorously  resisted  this  aggressive  agitation  among  its 
employes.  Paid  adherents  of  the  Company  pursued  the 
steps  of  the  labor  leaders.  These  adherents  were  armed 
and  were  at  times  offensive  and  lawless.  The  Company 
denies  that  it  armed  the  men,  but  the  evidence  is  clear 
that  the  Company  selected  men  to  follow  these  labor  lead¬ 
ers  who  were  little  disposed  to  regard  the  rights  of  others. 

Events  moved  rapidly  to  a  culmination.  At  the  be¬ 
hest  of  the  labor  leaders  of  the  union  made  heavy  demands 
on  the  Traction  and  Terminal  Company.  These  were  in 
the  form  of  increased  wages,  shorter  hours  and  greatly 
modified  conditions  of  labor.  Noon  of  the  following  day 


54 


was  fixed  to  answer  these  demands.  Before  the  expira¬ 
tion  of  the  time  given  the  Company  to  answer,  a  call  for 
a  strike  was  prepared,  and  a  strike  of  the  employes  was 
precipitated  on  Hallowe’en  night — a  most  propitious  hour. 

In  spite  of  the  fact  that  it  is  now  manifest  that  the 
demands  would  have  been  refused,  we  cannot  justify  this 
hurried  call  of  the  men  from  their  work. 

The  strike  began  at  the  appointed  hour,  and  appar¬ 
ently  proceeded  along  lines  deliberately  planned  and  care¬ 
fully  executed.  Many  men  abandoned  their  positions. 
Others  in  charge  of  the  cars  were  pulled  from  their  places. 
Some  were  beaten,  and  led  unwillingly  to  the  Labor  Tem¬ 
ple,  where  they  were  forcibly  initiated.  A  few  joined 
through  fear  of  personal  harm,  and  many  did  so  to  retain 
their  opportunity  to  work.  Cars  were  injured,  and  the 
business  of  the  Company  was  suspended.  This  was  Fri¬ 
day  night. 

On  Saturday  about  sixty-five  crews  reported  for  duty 
and  undertook  the  movement  of  the  cars.  In  every  in¬ 
stance  this  was  forcibly  prevented  by  the  strikers  and 
their  sympathizers. 

From  the  inception  of  the  strike  until  the  evening  of 
November  7,  the  opposing  forces  were  struggling  for  the 
mastery.  The  employes  were  demanding  the  recognition 
of  the  union  and  redress  of  grievances,  and  were  offering 
to  submit  the  controversy  to  arbitration.  The  Company 
refused  to  recognize  the  union,  declared  there  were  no 
grievances  to  be  redressed,  and  refused  to  submit  to  arbi¬ 
tration. 

While  this  contest  was  raging  the  public  was  de¬ 
prived  of  its  usual  means  of  transportation.  Strike-break¬ 
ers  were  imported.  Mobs  assembled  on  the  highways 


55 


of  the  city,  many  men  were  injured,  one  was  beaten  to 
insensibility,  and  one  was  murdered.  Windowless  cars 
stood  here  and  there  on  the  streets,  grim  reminders  of 
a  momentary  triumph  of  disorder. 

Each  contestant  loudly  protested  that  it  favored  law 
and  order.  In  the  meantime  the  local  authorities  were 
apparently  bewildered,  the  law  was  defied,  and  the  orderly 
course  of  business  was  suspended  by  anxiety,  force  and 
fear.  Neither  party  appealed  to  the  courts. 

Under  these  circumstances  the  Governor  ordered  to 
the  city  2,200  soldiers,  the  entire  military  force  of  the 
State.  Each  of  the  parties  then  began  to  realize  that  or¬ 
ganized  government  would  be  maintained  and  the  law 
would  be  enforced. 

At  this  juncture  the  Company  submitted  to  its  em¬ 
ployes,  through  the  Governor  as  mediator,  a  plan  for  the 
arbitration  of  the  questions  in  controversy.  Out  of  this 
effort  came  the  instrument  in  writing  first  set  out  in  this 
report. 

All  of  this  occurred  in  1913,  in  a  great  city,  in  a  great 
State.  Let  us  hope  that  out  of  this  bitter  strife  some 
good  may  come,  some  fruit  may  ripen  that  will  heal  the 
wounds  that  have  been  occasioned  and  prevent,  at  least 
in  part,  the  recurrence  of  such  conditions. 

At  the  request  of  the  employes  and  the  Company,  and 
with  the  approval  of  the  Governor,  the  members  of  the 
Public  Service  Commission  of  Indiana  undertook  to  arbi¬ 
trate  the  controversy  set  forth  in  the  written  instrument 
of  submission.  More  than  thirty  days  have  been  dili¬ 
gently  employed  in  the  task,  two  days  were  given  to  the 
argument  of  counsel,  one  hundred  and  fifty-three  wit¬ 
nesses  were  examined,  and  a  large  mass  of  documentary 


56 


and  statistical  evidence  was  introduced.  The  record  con¬ 
tains  more  than  4,000  type-written  pages. 

PRINCIPLES  UPON  WHICH  CONCLUSIONS  ARE 

BASED. 

Sitting  as  a  Court  of  Arbitration,  where  the  parties 
have  voluntarily  submitted  their  matters  of  difference  and 
agreed  to  abide  by  the  award  we  shall  render,  we  find 
ourselves  traveling  along  a  trackless  way.  There  are  no 
lights  to  guide  our  feet.  There  is  an  utter  barrenness  of 
helpful  precedents.  In  the  trial  of  actions  at  law  or  suits 
in  equity  the  court  relies  with  supreme  confidence  on  the 
well-reasoned  opinions  of  great  judges  and  great  chancel¬ 
lors.  The  legal  profession  is  often  assailed  for  its  spirit 
of  veneration  for  precedents.  Yet  the  assailants  often  fail 
to  remember  that  these  monuments  of  judicial  thought 
are  anchors  of  safety. 

The  high  character  of  the  counsel  on  either  side  of 
the  controversy  precludes  the  thought  that  in  determining 
the  questions  in  controversy  we  would  abandon  the  prin¬ 
ciples  of  the  law  where  the  same  were  applicable.  The 
character  of  the  employes  and  the  officers. of  the  Com¬ 
pany  inspire  us  with  a  like  confidence  in  them. 

To  be  otherwise  guided  under  such  circumstances 
would  be  to  embark  without  rudder  or  compass  on  a  shore¬ 
less  sea. 

The  laws  of  the  State  may  have  been  unwisely  en¬ 
acted,  or  even  unjust,  but  they  ought  to  be  respected  until 
repealed.  Government  under  established  law  may  pro¬ 
duce  some  injustice,  but  its  blessings  have  brought  to  us 
all  that  is  cherished  in  the  history  of  the  race.  The  law 
ought  to  be  enforced  impartially  against  the  high  and  the  low, 

57 


the  rich  and  the  poor.  It  is  no  respecter  of  persons.  Un¬ 
der  a  constitutional  form  of  government,  the  administra¬ 
tion  of  justice  according  to  law  is  the  highest  conception 
of  official  duty. 

Neither  organized  nor  unorganized  labor,  nor  organized 
capital,  should  expect  an  award  that  would  violate  a  legal 
right  of  the  other. 

The  submission  in  this  instance  is  simply  a  contract 
between  the  parties  thereto  whereby  they  have  agreed  to 
refer  the  subjects  in  dispute  to  the  members  of  this  Com¬ 
mission,  and  to  abide  by  their  award. 

Our  legislative  provisions  touching  arbitration  are 
but  statutory  enunciations  of  the  principles  of  the  com¬ 
mon  law.  Under  either  of  these  methods  of  arbitration 
only  controversies  between  parties  which  might  be  the 
subjects  of  a  suit  at  law  could  be  submitted. 

In  this  controversy  there  is  no  question  involved  that 
might  be  the  subject  of  a  suit  at  law.  Recognition  of  the 
union,  rate  of  wages,  the  regulation  of  hours,  and  condi¬ 
tions  of  labor,  are  neither  of  them  matters  of  which  any 
court  could  take  cognizance.  In  this  State,  at  this  time, 
these  are  all  matters  of  private  contract,  left  absolutely  to 
the  discretion  of  the  parties  involved  in  each  particular 
transaction. 

This  is  the  reason  why  no  compulsory  arbitration  law 
has  been  provided.  Under  our  Constitution  no  such  tribunals 
can  be  provided.  A  court  of  compulsory  arbitration  can  be 
provided  only  by  overturning  the  entire  fabric  of  constitu¬ 
tional  government. 

Section  179  (Burns,  1914)  provides  ‘‘that  tribunals 
of  conciliation  should  never  be  established  with  power  to 
render  judgment  to  be  obligatory  on  the  parties,  unless 


58 


they  voluntarily  submit  their  matters  of  difference  and 
agree  to  abide  the  judgment  of  such  tribunal.”  But,  in 
the  absence  of  this  provision  such  tribunal  could  never  be 
legally  established  while  life,  liberty  and  the  pursuit  of 
happiness  are  declared  to  be  the  unalienable  rights  of 
every  citizen.  In  other  words,  so  long  as  liberty  and  the 
pursuit  of  happiness  are  guaranteed  by  the  Constitution 
to  the  citizens  of  the  State,  no  tribunal  can  be  lawfully 
established  with  power  to  compel  parties  to  enter  into  con¬ 
tracts  they  do  not  desire  to  make. 

The  strongest  legislative  provision  that  could  be  en¬ 
acted  would  be  one  conferring  upon  some  person,  or  tri¬ 
bunal,  the  power  to  make  compulsory  investigation  of  all  the 
facts  involved  in  the  controversy,  pronounce  a  judgment  as 
to  who  was  right  and  who  was  wrong,  and  proclaim  it  to  the 
public.  This  would  indeed  be  helpful  legislation,  as  there  are 
but  few  interested  parties  that  could  withstand  public  censure, 
when  an  impartial  tribunal,  after  a  full  investigation,  had  de¬ 
clared  its  position  untenable. 

As  arbitrators  we  have  power  to  determine  only  mat¬ 
ters  within  the  submission. 

Where  settled  principles  of  law  determine  what  the 
conclusion  should  be,  the  law  must  prevail. 

Beyond  the  realm  of  fixed  legal  principles  we  must 
be  guided  by  equity  and  good  conscience. 

No  award  should  be  made  that  would  destroy  a  legal 
right  of  either  of  the  parties. 

While  there  are  some  decisions  declaring  we  are  not 
bound  to  follow  the  law,  we  think  the  weight  of  authority 
and  the  better  reason  compel  us  so  to  do.  Otherwise  we 
could  exercise  arbitrary  power.  We  have  no  right  to  do 
general  equity. 


59 


LEGAL  RELATIONS  OF  UNION  LABOR  AND  EM¬ 
PLOYERS. 


Some  of  our  constitutional  guarantees  are  as  follows: 

“No  law  shall  restrain  any  of  the  inhabitants  of  the 
State  from  assembling  together,  in  a  peaceable  manner, 
to  consult  for  their  common  good.” 

“No  law  shall  be  passed  restraining  the  free  inter¬ 
change  of  thought  and  opinion,  or  restricting  the  right  to 
speak,  write  or  print,  freely,  on  any  subject  whatever; 
but  for  the  abuse  of  that  right  every  person  shall  be  re¬ 
sponsible.” 

We  are  guaranteed  certain  unalienable  rights,  among 
which  are  life,  liberty  and  the  pursuit  of  happiness. 

The  only  limitations  on  the  right  to  assemble  together 
are,  that  it  must  be  “in  a  peaceable  manner,”  and  “for  the 
common  good.”  The  only  limitation  on  the  right  of  free 
speech  is  responsibility  for  the  abuse. 

Each  one  of  these  fundamental  principles  was  estab¬ 
lished  by  the  people,  and  every  citizen  and  every  court 
is  bound  to  respect  it. 

These  principles  have  been  construed  by  many  courts 
in  many  of  the  States,  and  by  the  Federal  Court  as  well. 
There  ought  not  to  be  at  this  time  and  in  this  State  any 
differences  of  opinion  as  to  the  legal  rights  of  the  contend¬ 
ing  parties  in  industrial  disputes. 

It  is  so  manifestly  the  right  of  the  employes  to  join  a 
labor  union  to  promote  their  own  interests  that  the  cita¬ 
tion  of  authorities  is  absolutely  unnecessary.  They  have 
the  right  to  join  the  union  with  the  avowed  purpose  of 
bettering  their  situation  by  an  increase  of  wages,  a  short- 


60 


ening  of  hours  and  securing  of  improved  conditions  of 
labor. 

Acting  as  a  union,  they  have  a  lawful  right  to  strike 
for  the  avowed  purpose  of  bringing  their  employer  to  a 
situation  where  he  will  be  necessarily  driven  to  increase 
the  wages  of  his  men,  shorten  their  hours  of  labor,  and 
grant  more  favorable  conditions  of  labor.  They  have  the 
right  to  secure  the  highest  wages,  shortest  hours,  and  the 
feest  conditions  that  they  can  peaceably  compel.  This 
is  a  broad  general  statement,  clearly  sustained  by  a  great 
weight  of  authority.  It  is  based  upon  the  constitutional 
privileges  just  referred  to  granting  to  the  inhabitants  of 
the  State  the  right  to  assemble  together  in  a  peaceable 
manner  to  consult  for  the  common  good.  They  have  the 
right  to  refuse  to  work  with  a  non-union  man.  It  is  the 
liberty  of  the  employe  to  choose  his  own  company,  to  se¬ 
lect  his  own  associates,  and  to  refuse  to  work  under  con¬ 
ditions  that  are  not  satisfactory  to  him.  These  rights 
are  guaranteed  by  the  fundamental  laws  of  the  land. 

Even  though  a  strike  peaceably  inaugurated  and  car¬ 
ried  out  results  in  great  loss  to  the  employer,  he  has  no 
right  to  complain.  The  law  recognizes  the  strike  as  a 
just  and  reasonable  exercise  of  the  legal  rights  of  the  men 
in  the  struggle  of  life  to  better  their  own  conditions.  It 
is  not  regarded  as  unfair  competition  or  as  an  unjust  ad¬ 
vantage.  It  is  a  right  that  has  been  frequently  exercised 
by  x\merican  citizens,  and  has  resulted  in  many  instances 
in  great  financial  gain  to  those  who  engaged  in  the  strike. 
There  can  be  no  legal  objections  found  to  the  exercise  of  a 
constitutional  right  in  a  peaceable  way. 

In  so  far  as  the  employes  of  the  Traction  and  Termi¬ 
nal  Company  engaged  in  the  formation  of  a  labor  union, 


61 


and  in  an  agitation  to  enlist  public  sympathy,  and  to  in¬ 
duce  men  to  join  the  union,  they  were  entitled  to  proceed 
without  let  or  hindrance.  This  is  a  brief  statement  of  the 
rights  of  the  employes. 

On  the  other  hand,  the  Traction  and  Terminal  Com¬ 
pany  had  rights  as  sacred  and  as  clearly  defined  by  the 
constitution  and  laws  as  those  herein  mentioned  in  favor 
of  the  employes.  The  Company  had  the  right  to  refuse 
to  employ  union  labor  in  the  operation  of  its  cars,  and  in 
the  conduct  of  its  business.  It  had  the  right  to  operate 
its  cars  by  non-union  labor  if  it  were  able  to  do  so.  Union 
labor  had  no  legal  right  to  interfere  by  attempting  to  im¬ 
pede  the  work  of  the  Company  in  its  effort  so  to  do. 

In  the  effort  of  the  Company  to  conduct  its  business 
by  non-union  labor,  organized  labor  had  the  right  by  ap¬ 
peals,  persuasion,  and  entreaties,  or  by  any  other  peace¬ 
able  method,  to  induce  non-union  labor  to  refuse  to  accept 
the  Company’s  employment  or  abandon  such  employment 
after  it  had  accepted  it.  Organized  labor  and  organized 
capital  have  the  same  legal  status.  Each  is  guaranteed 
the  right  to  conduct  its  own  business  in  its  own  way. 
Organized  capital  has  no  legal  right  to  interfere  in  the 
affairs  of  organized  labor.  Organized  labor  has  no  legal 
right  to  interfere  in  the  conduct  of  the  affairs  of  organ¬ 
ized  capital,  and  to  obstruct  the  business  of  an  enterprise 
by  the  exercise  of  force  or  intimidation. 

The  employes  were  acting  within  their  legal  rights 
in  the  organization  of  a  union,  and  in  calling  a  strike  and 
quitting  the  employment,  in  so  far  as  the  Company  by  any 
means  except  persuasion,  entreaties  or  appeals,  endeav¬ 
ored  to  prevent  the  formation  of  the  union,  it  was  acting 
beyond  its  legal  right. 


62 


On  the  other  hand,  in  so  far  as  union  labor  and  its 
sympathizers  impeded  the  operation  of  the  Company’s 
business  by  force  or  intimidation,  and  by  preventing  non¬ 
union  men  from  engaging  in  the  business  from  which 
union  men  had  struck,  union  labor  was  acting  beyond  its 
legal  right  and  in  defiance  of  the  law. 

Each  side  in  the  conflict  has  the  right  to  struggle  the 
best  it  can  for  the  mastery.  Neither  side  has  the  right 
to  violate  the  law  by  infringing  upon  the  rights  of  an¬ 
other.  Union  labor  has  no  right  by  force  and  intimida¬ 
tion  to  prevent  non-union  men  from  pursuing  the  labor 
that  union  men  have  abandoned. 

The  non-union  man  may  be  mistaken,  he  may  be 
driven  by  the  stress  of  conditions  to  assume  a  position 
that  union  labor  can  not  and  ought  not  to  approve,  but 
the  non-union  man  is  entitled  to  pursue  his  own  business 
in  his  own  way,  and  we  believe  with  Lincoln,  “That  no 
man  is  fit  to  govern  another  without  that  other’s  con¬ 
sent.” 

The  only  lawful  way  by  which  union  labor  can  over¬ 
come  the  danger  arising  from  the  competition  with  non¬ 
union  labor  is  to  make  the  results  of  unionism  so  benefi¬ 
cent  that  no  man  will  willingly  remain  without  its  pro¬ 
tection. 

We  think  it  is  clear  that  collective  bargaining  may 
be  of  great  benefit  to  employes.  The  operators  of  any 
particular  industry  represent  organized  power,  and  in  a 
conflict  with  a  single  individual  have  an  advantage  in 
competition  that  they  would  not  have  if  the  investors 
acted  in  an  unorganized  capacity. 

But  so  long  as  there  are  men  who  prefer  to  remain 
outside  of  labor  unions  we  can  conceive  of  no  legal  power 


63 


to  compel  such  men  to  join  unions,  or  to  prevent  employ¬ 
ers  from  taking  advantage  of  their  service. 

THE  ISSUES. 

The  contract  of  November  7,  1913,  in  the  fifth  para¬ 
graph,  provides  that  we  “shall  take  up  and  hear  evidence 
of  all  parties  interested  in  said  grievances  as  to  wages, 
hours,  conditions  and  services,  and  render  decisions  con¬ 
cerning  same,”  etc. 

A  committee  of  employes  filed  twenty-three  (23) 
grievances.  The  Company  answered  each  separately. 

These  grievances  involve  three  questions,  to  wit: 

I.  Conditions  of  labor. 

II.  Hours  of  labor. 

III.  Rate  of  wages. 

These  will  be  considered  in  the  order  mentioned. 

i.  Conditions  of  Labor. 

The  grievances  under  this  head  demand: 

1.  The  recognition  of  the  Employes’  xA.ssociation. 

2.  A  shortening  of  runs  on  cars. 

3.  Abandonment  of  extra  trips  on  Sundays  and 

holidays. 

4.  Decrease  of  number  of  times  extra  men  are 

required  to  report  at  car  barns. 

5.  Making  up  of  working  board  for  extra  men 

by  four  o’clock  p.  m.  of  each  day. 

6.  Registration  of  requests  for  privilege  of  being 

off  duty. 

7.  Hearing  of  complaints  of  employes  by  super¬ 

intendent  three  days  each  week. 


64 


8.  Appeals  by  employes  from  the  superintend¬ 

ent  to  the  president  of  the  Company  and 
hearing  of  such  appeals  on  two  days  of  each 
month. 

9.  A  board  for  the  arbitration  of  controversies. 

i.  The  Recognition  of  the  Employes'  Association. 

So  far  as  the  conditions  of  labor  are  concerned,  the 
car  service  men  are  the  only  employes  who  would  be  ma¬ 
terially  improved  by  the  correction  of  the  alleged  abuses. 
The  demand  made  of  the  Company  on  the  day  before  the 
strike  was  called  was  as  follows : 

“(1)  Seventy-five  per  cent,  of  the  runs  on  schedules 
to  be  known  as  earlies  and  lates  and  to  be  completed  with¬ 
in  eleven  consecutive  hours. 

(2)  All  swing  runs  to  be  completed  within  fourteen 
consecutive  hours. 

(3)  All  runs  working  less  than  nine  hours  to  pay 
nine  hours’  time. 

(4)  Time  and  a  half  for  all  overtime  worked  over 
the  daily  schedules. 

(5)  A  flat  rate  of  wages  of  32  cents  per  hour. 

(6)  The  right  to  have  your  grievances  presented  to 
the  Company  by  a  committee  of  your  organization. 

(7)  An  arbitration  clause  to  arbitrate  all  questions 
that  cannot  be  satisfactorily  adjusted  between  both  par¬ 
ties.” 

The  contract  of  November  7,  1913,  construed  in  the 
light  of  the  demands  made  on  October  3,  1913,  is  not 

65 


entirely  free  from  ambiguity.  It  appears  that  the  car  serv¬ 
ice  men  were  the  only  employes  making  any  demands 
of  the  Company.  The  instrument  above  set  out  is  the 
complaint  of  car  service  men  alone. 

The  contract  of  November  7,  1913,  makes  no  refer¬ 
ence  to  the  Amalgamated  Association  or  any  other  em¬ 
ployes'  association.  It  is  executed  in  the  name  of  the  em¬ 
ployes  as  a  class  of  men  and  not  as  representatives  of  a 
labor  union.  The  question  of  the  recognition  of  the  union 
is  not  within  the  submission. 

But,  desiring  to  see  peace  restored  and  all  controver¬ 
sies  settled,  we  feel  that  it  is  incumbent  upon  us  to  give 
some  expression  of  our  views  on  the  general  question. 

Taking  up  the  “conditions  of  labor”  as  above  enumer¬ 
ated,  the  question  of  the  union  first  confronts  us. 

The  Legislature  of  Kentucky  enacted  a  law  making 
it  a  crime  for  an  employer  or  his  agent  to  discharge  a 
union  man  for  that  cause  only.  Adair,  as  the  agent  of 
the  Louisville  and  Nashville  Railroad  Company,  dis¬ 
charged  Coppage  from  the  service  of  the  company  wholly  on 
the  ground  that  he  was  a  member  of  a  labor  union.  Adair  was 
indicted,  tried,  found  guilty  and  a  fine  assessed  against  him. 
The  Court  of  Appeals  of  Kentucky  affirmed  the  judgment. 
The  case  was  presented  to  the  Supreme  Court  of  the 
United  States,  where  it  was  reversed.  In  deciding  this 
case,  the  Court  said: 

“While,  as  already  suggested,  the  right  of  liberty 
and  property  guaranteed  by  the  Constitution  against 
deprivation  without  due  process  of  law  is  subject  to 
such  reasonable  restraints  as  the  common  good  or  the 
general  welfare  may  require,  it  is  not  within  the  func¬ 
tions  of  government — at  least,  in  the  absence  of  con¬ 
tract  between  the  parties — to  compel  any  person,  in  the 

66 


course  of  his  business  and  against  his  will,  to  accept 
or  retain  the  personal  services  of  another,  or  to  compel 
any  person,  against  his  will,  to  perform  personal  serv¬ 
ices  for  another.  The  right  of  a  person  to  sell  his 
labor  upon  such  terms  as  he  deems  proper  is,  in  its 
essence,  the  same  as  the  right  of  the  purchaser  of  labor 
to  prescribe  the  conditions  upon  which  he  will  accept 
such  labor  from  the  person  offering  to  sell  it.  So  the 
right  of  the  employe  to  quit  the  service  of  the  em¬ 
ployer,  for  whatever  reason,  is  the  same  as  the  right 
of  the  employer,  for  whatever  reason,  to  dispense  with 
the  services  of  such  employes.  It  was  the  legal  right 
of  the  defendant,  Adair, — however  unwise  such  a 
course  might  have  been, — to  discharge  Coppage  because 
of  his  being  a  member  of  a  labor  organization,  as  it 
was  the  legal  right  of  Coppage,  if  he  saw  fit  to  do  so, — 
however  unwise  such  a  course  on  his  part  might  have 
been, — to  quit  the  service  in  which  he  was  engaged, 
because  the  defendant  employed  some  persons  who 
were  not  members  of  a  labor  organization.  In  all  such 
particulars  the  employer  and  the  employe  have  equal¬ 
ity  of  right,  and  any  legislation  that  disturbs  that 
equality  is  an  arbitrary  interference  with  the  liberty  of 
contract  which  no  government  can  legally  justify  in  a 
free  land.” 

Adair  vs.  U.  S.,  52  Law  Ed.,  page  442. 

We  see  no  legal  or  moral  wrong  in  laboring  men  joining 
together  to  sell  their  labor  collectively  at  a  higher  price  than 
they  could  obtain  for  it  acting  alone. 

The  legal  right  of  a  union  man  to  choose  his  associates 
and  to  refuse  to  work  with  non-union  men  is  a  right  guaran¬ 
teed  to  him  by  the  Constitution  and  laws  of  the  State  and 
nation. 

The  legal  right  of  an  employer  of  labor  to  choose  his 
associates  and  employes  and  to  refuse  to  employ  union  men 
is  a  right  guaranteed  to  the  employer  by  the  Constitution  and 
laws  of  the  land. 


67 


We  do  not  feel  that  either  the  men  or  the  Company 
should  be  deprived  of  these  rights.  Any  change  in  the  re¬ 
lations  of  the  parties  must  ordinarily  be  created  by  mutual 
consent. 

In  the  hearing  of  this  controversy  bitter  feeling  was  mani¬ 
fested  on  both  sides.  The  evidence  clearly  showed  that  the 
Company  by  wrongful  means  endeavored  to  defeat  the  men 
in  their  efforts  to  organize  a  union.  It  is  not  our  intention, 
if  we  can  prevent  it,  to  permit  the  Company  to  discharge  its 
union  men  for  the  sole  reason  that  they  are  union  men. 

It  is  equally  plain  from  the  evidence  that  the  strike  was 
hurriedly  called  and  that  some  of  the  strikers  participated  in 
acts  of  disorder  when  the  strike  was  on.  The  evidence  of 
the  officers  of  the  company  and  of  some  of  the  barn  foremen 
was  that  after  the  men  returned  to  work  discipline  was  in  a 
measure  destroyed.  Before  the  large  rights  demanded  in 
these  various  grievances  should  be  awarded  to  the  employes’ 
association,  it  ought  to  demonstrate  that  it  has  sufficient  con¬ 
trol  and  discipline  over  its  members  to  call  a  strike  and  conduct 
it  without  disorder,  destruction  of  property,  or  violation  of 
law,  in  which  its  membership  participated. 

When  this  Association  shows  that  membership  in  its  local 
means  more  efficient  service  and  better  discipline  among  the 
employes,  it  will  destroy  the  competition  arising  from  non¬ 
union  labor. 

We  are  constrained  to  deny  the  demand  for  the  recogni¬ 
tion  of  the  employes’  association,  for  the  reason  that  it  is  not 
within  our  jurisdiction. 

2.  Runs . 

The  demand  that  seventy-five  per  cent,  of  all  runs  should 
be  earlies  and  lates,  and  should  be  completed  in  eleven  consecu¬ 
tive  hours  is  presented  by  the  second  grievance. 


68 


There  are  no  facts  in  this  record  that  enable  us  to  de¬ 
termine  the  feasibility  and  practicability  of  this  demand.  On 
this  point  we  feel  that  it  is  the  duty  of  the  employes  to  prove 
the  practicability  of  the  demand  made. 

The  evidence  makes  it  clear  that  there  are  oppressive 
conditions  attached  to  some  of  the  schedule  runs,  and  that 
many  of  these  conditions  can  be  removed.  Some  of  the  wit¬ 
nesses  testified  that  their  runs  were  completed  at  1 120  o’clock 
a.  m.  and  that  the  men  making  such  runs  were  required  to  re¬ 
port  for  duty  at  4  130  o’clock  a.  m.  of  the  same  morning.  Such 
a  run  not  only  overworks  the  men,  but  is  oppressive  to  their 
families.  Its  oppression  is  not  so  much  in  the  length  of  the 
run,  as  in  the  insufficiency  of  the  period  of  consecutive  hours 
of  rest. 

We  do  not  think  this  grievance  can  be  corrected  any  more 
justly  than  by  an  application  of  a  principle  borrowed  from  the 
Federal  Statute  which  requires  eight  (8)  hours  of  consecutive 
rest  in  every  period  of  twenty-four  (24)  hours.  We  think 
no  run  should  exceed  an  aggregate  of  twelve  (12)  hours  com¬ 
pleted  within  sixteen  (16)  hours  from  the  time  it  is  com¬ 
menced.  After  completing  any  run  the  motorman  and  con¬ 
ductor  should  be  permitted  and  required  to  have  at  least  eight 
(8)  hours  off  duty. 

We  think  this  plan  is  practicable,  will  greatly  relieve  the 
car  service  men,  and  will  in  no  manner  embarrass  the  Com¬ 
pany. 

We  do  not  believe  that  men  should  be  paid  for  more 
hours’  work  than  they  perform. 

3.  Extra  Trips  on  Sundays  and  Holidays. 

We  believe  that  the  provision  touching  the  runs  and  hours 
off  duty  hereinabove  set  out  will  remove  the  complaint  pre¬ 
sented  by  this  grievance. 


69 


4-  Extra  Men  Reporting  at  Car  Barns. 

The  grievance  as  to  reporting  of  extra  men  at  the  car 
barns  is  well  founded  and  entitled  to  substantial  relief. 

Under  the  existing  conditions  these  extra  men  are  re¬ 
quired  to  report  at  their  respective  car  barns  at  4  130  a.  m.  If 
no  runs  are  then  assigned,  they  again  report  at  6:30  a.  m., 
when  under  like  conditions  they  must  again  report  at  8  :30 
a.  m. ;  10:30  a.  m. ;  12:30  p.  m. ;  and  2:30  p.  m.  A  failure 
to  so  report  is  a  breach  of  discipline,  and,  for  all  these  reports 
no  wages  are  paid. 

It  appears  that  in  the  month  the  extra  men  make  sub¬ 
stantial  wages,  but  this  may  come  the  last  of  the  month.  In 
the  meantime  there  is  an  enforced  uncertainty  that  creates 
needless  anxiety,  and  makes  the  men  restless.  This  appeals  to 
us  earnestly  as  demanding  relief. 

Each  extra  man  should  be  guaranteed  Forty-five  ($45.00) 
Dollars  for  each  calendar  month  less  the  value  of  runs  missed 
by  reason  of  his  own  fault. 

With  an  unemployed  period  of  eight  (8)  hours  in  each 
twenty-four  (24),  and  a  guarantee  of  Forty-five  ($45.00) 
Dollars  per  month,  we  feel  this  condition  is  corrected. 

A  working  board  will  also  be  provided  for. 

6.  Request  for  Absence. 

At  this  point  we  think  it  well  that  the  employes  under¬ 
stand  our  views  as  to  discipline.  We  believe  the  testimony 
that  since  the  organization  of  this  union  certain  of  the  ca~ 
service  men  have  felt  that  they  could  work  when  they  pleased 
and  be  off  duty  at  their  pleasure.  This  is  a  mistaken  view  of 
duty  and  does  not  represent  the  principles  of  the  union  leaders 
as  stated  by  them.  Absence  from  duty  is  the  result  of  a  re¬ 
quest  granted.  It  cannot  be  demanded  and  asserted  as  a 


70 


right.  At  times  all  requests  made  by  men  in  good  health  to 
be  oft*  duty  might  properly  be  denied.  An  emergency  might 
arise  where  a  request  granted  might  be  withdrawn  and  all  the 
men  be  properly  recalled  to  their  work. 

This  award  will  provide  for  hearings  before  the  superin¬ 
tendent,  appeals  to  the  president,  and  in  grave  matters  for  an 
arbitration  of  controversies.  No  Board  of  Arbitration  ought 
to  be  found  or  will  be  found  that  will  reinstate  an  employe 
who  has  been  guilty  of  disrespect  to  his  superior  officer,  or 
who  has  been  guilty  of  intended  breaches  of  discipline.  No 
leader  of  union  labor  can  or  will  defend  such  conduct.  In 
the  performance  of  its  duties  to  the  public  this  Street  Railway 
Company  must  rely  on  the  honest,  intelligent  and  prompt  co¬ 
operation  of  every  man  engaged  in  the  street  car  service. 

There  ought  not  to  be  any  discrimination  in  requests 
granted,  and  one  of  our  awards  will  provide  for  keeping  a 
book  for  the  registration  of  requests.  If  all  requests  cannot 
be  granted,  those  who  have  been  off  duty  within  sixty  (60) 
days  should  be  first  refused. 

7  and  8.  Hearing  Grievances  by  the  Officers. 

We  cheerfully  assume  that  each  of  the  parties  to  this  con¬ 
troversy  will  honestly  and  in  good  faith  endeavor  to  comply 
with  our  awards. 

It  is  certain  that  the  expectations  of  neither  party  will  be 
fully  satisfied.  Yet,  if  the  employes  and  officers  of  this  Com¬ 
pany  will  reason  together  in  a  spirit  of  fairness,  and  work  for 
their  common  good,  and  the  public  weal,  the  turbulent  spirit 
engendered  by  this  controversy  will  soon  disappear. 

A  request  for  a  full  hearing  before  the  superintendent 
does  not  imply  disrespect,  nor  even  dissatisfaction.  He  must 
necessarily  determine  many  matters  without  a  full  knowledge 


7i 


of  all  the  facts.  He  will  sometimes  be  deceived.  He  will  no 
doubt  be  given  false  information. 

Under  such  circumstances  a  just  man  would  be  anxious 
to  right  a  wrong.  Beside,  the  superintendent  is  human  and 
will  occasionally  make  mistakes  when  the  error  is  due  to  him¬ 
self  alone.  The  most  upright  judge  at  times  fails  to  master 
the  passions  due  to  human  infirmities. 

An  unjust  removal  of  an  employe  from  his  position  may 
mar  the  labors  of  a  lifetime.  We  know'  of  no  reason  why  the 
president  of  this  company  should  not  be  brought  occasionally 
face  to  face  with  his  men.  Such  procedure  might  correct  er¬ 
roneous  impressions  the  men  may  have  formed  of  the  presi¬ 
dent.  The  vast  majority  of  these  car  service  men  are  well 
disposed  toward  their  employer  and  its  officers.  We  are  con¬ 
strained  to  believe  that  if  the  employes  and  the  officials,  from 
the  car  sweepers  to  the  president,  would  become  better  ac¬ 
quainted  with  each  other  and  mingle  in  friendly  intercourse, 
all  as  servants  and  employes  of  the  same  master,  the  public, 
service  would  be  greatly  improved. 

The  people  have  the  right  to  petition  the  government  for 
a  redress  of  grievances.  It  is  difficult  to  find  any  reason  why 
the  officials  of  a  street  car  company  should  not  occasionally 
listen  to  the  troubles  of  their  less  fortunate  brothers. 

Furthermore,  it  is  our  opinion  that  the  officials  of  this 
company  will  profit  by  cultivating  the  friendship  of  the  well 
disposed  leaders  among  the  employes  of  the  company.  If  they 
do  not  do  so,  the  control  of  the  men  will  fall  into  the  hands  of 
less  worthy  leaders. 

9.  A  Board  of  Arbitration. 

Our  chief  executive,  in  chaste  and  eloquent  language,  said 
that  “the  day  of  accommodation,  and  of  concession,  and  of 


72 


common  understanding  is  the  day  of  peace  and  achievement 
of  necessity. ” 

Between  the  time  when  the  master  and  his  servant  were 
equals,  working  side  by  side,  and  the  time  when  an  invisible 
legal  entity,  through  hired  officials,  directs  the  destinies  of 
thousands  of  men,  there  is  a  great  gulf  fixed.  This  spirit  of 
concession  and  accommodation  forbids  either  party  from  as¬ 
suming  a  position  that  is  utterly  irreconcilable.  The  spirit  of 
the  times  does  not  view  with  kindness  such  conduct  on  the 
part  of  the  employes,  or  the  employer,  or  both,  as  forces  the 
constituted  authorities  to  the  last  refuge  of  government.  The 
people  are  entitled  to  have  the  business  of  the  community  pro¬ 
ceed  in  peace  and  order.  They  view  with  alarm  the  interrup¬ 
tion  of  the  usual  activities  of  the  community.  They  resent 
the  creation  of  a  condition  that  must  ultimately  end  in  dis¬ 
order  and  strife.  Yet,  they  despise  a  government  that  does 
maintain  order,  and  see  that  the  laws  are  faithfully  executed. 
When  interests  in  a  community  reason  themselves  into  ap¬ 
parently  irreconcilable  positions,  resulting  in  disorder  and 
turbulence  and  bringing  distress  on  vast  numbers  of  people  in 
nowise  involved  in  the  controversy,  there  can  be  but  two 
methods  of  settlement, — one  by  arbitration,  the  other  by  force. 
The  use  of  military  power  ought  to  be  the  last  resort  of  a  free 
and  intelligent  people. 

We  shall  provide  for  a  board  of  arbitration  to  which 
either  .side  may  appeal,  when  a  reasonable  necessity  arises. 

II.  Hours  of  Labor. 

On  this  subject  there  is  little  room  for  doubt  or  uncer¬ 
tainty.  Men  lose  their  efficiency  when  overworked.  Such 
men  are  less  valuable  per  hour  to  the  employer.  Their  stand¬ 
ard  of  citizenship  is  lowered.  The  traveling  public  has  a  vital 


73 


interest  in  the  character  of  train  service  men.  One  court  says, 
“that  every  overworked  man  presents  a  distinct  danger.”  The 
hours  of  employment  ought  to  be  so  modified  that  at  least 
eight  (8)  hours’  continuous  rest  would  be  secured  to  every 
employe. 


III.  Rate  of  Wages. 

This  phase  of  the  investigation  may  be  divided  into  two 
parts,  to-wit : 

1.  Car  service  men. 

(a)  Conductors. 

(b)  Motormen. 

2.  All  employes  (except  linemen)  not  engaged  in  car 
service. 


i.  Wages  of  Car  Service  Men. 

In  the  absence  of  a  contract,  the  employe  could  recover  in 
an  action  at  law,  a  reasonable  sum  for  his  service.  Under 
such  circumstances  he  is  entitled  to  just  and  reasonable  com¬ 
pensation  for  his  work.  In  fixing  the  wage  under  such  cir¬ 
cumstances  no  Court  would  ignore  the  element  of  competi¬ 
tion.  If  men  possessed  equal  skill,  integrity  and  industry 
there  is  no  reason  why  an  employer  should  be  compelled  to 
pay  a  higher  wage  to  one  man  than  to  another.  Under  such 
conditions  unionism  could  add  nothing  either  to  the  necessi¬ 
ties  of  the  man  or  the  value  of  his  services. 

The  determination  of  a  reasonable  wage  is  a  large  ques¬ 
tion.  The  interests  of  the  employer  can  not  be  disregarded. 
The  amount  of  wages  is  an  economic  and  ethical  question,  and 
depends  upon  the  following,  among  other  things : 

The  constancy  of  the  employment;  the  muscular  strength 


74 


expended,  or  nervous  tension  of  the  labor;  the  skill  required, 
and  hazard  assumed;  the  dress  demanded  by  a  proper  regard 
for  the  proprieties;  exposure  to  the  elements;  the  moral  en¬ 
vironments  and  temptations  confronted;  aspersions  or  insults 
unjustly  arising  from  the  petulance  or  caprice  of  others;  pros¬ 
pects  of  promotion  to  which  a  reasonable  ambition  could  just¬ 
ly  aspire;  freedom  or  restriction  in  matters  of  opinion  and 
conduct;  the  character  and  congeniality  of  associates;  the 
ability  afforded  the  laborer  to  turn  to  other  fields  of  endeavor; 
the  age  in  life  to  which  the  labor  may  be  pursued;  the  respon¬ 
sibility  and  trust  involved;  the  ability  of  the  employer  to  re¬ 
cruit  the  ranks  of  his  employes;  the  necessities  of  laborers  as 
a  whole;  the  results  to  the  employer  of  the  labors  of  the 
employe. 

After  considering  all  these  elements  and  perhaps  others, 
the  wage  may  be  fixed.  A  just  and  reasonable  wage  must  be 
high  enough  to  enable  an  industrious,  frugal  and  sober  man 
to  maintain  himself  and  his  family  in  reasonable  comfort  and 
to  accumulate  something  for  his  declining  years. 

Fluctuations  in  the  prices  of  commodities  and  in  the  pur¬ 
chasing  power  of  money  compels  us  to  consider  the  actual, 
not  the  nominal,  purchasing  power  of  the  earnings. 

There  has  been  in  recent  years  a  marked  increase  in  the 
cost  of  the  necessaries  of  life  in  this  city.  The  proof  clearly 
establishes  this  fact.  This  reduces  the  nominal  wage. 

By  different  processes  of  reasoning  we  will  endeavor  to 
determine  whether  the  present  wages  of  the  employes  of  The 
Traction  and  Terminal  Company  are  just  and  reasonable. 

Any  man  21  years  or  more  of  age,  of  less  than  the  ordi¬ 
nary  muscular  power,  of  average  intelligence  and  with  but  a 
very  limited  education  can  perform  the  duties  of  a  motorman 
or  conductor.  Such  a  man,  with  ten  days’  instructions,  is  as- 


75 


signed  to  this  work.  The  labors  of  a  motorman  are  not  strenu¬ 
ous  at  any  time.  For  about  two  hours  of  each  day  a  conduc¬ 
tor  is  very  busy.  At  other  times  his  labors  are  light.  These 
men  are  seldom  or  never  exposed  to  the  elements,  and  there 
was  no  proof  of  any  particular  hazard  arising  from  the  use  of 
electricity  as  a  motive  power.  The  employment  is  constant, 
the  temptations  are  such  as  a  man  of  ordinary  moral  courage 
ought  to  be  able  to  resist.  The  responsibilities  are  not  onerous, 
and  a  suit  of  uniform  that  costs  fifteen  dollars  and  lasts 
for  a  year  conforms  his  dress  to  the  proprieties.  On  occasions 
of  stress  of  weather  he  sometimes  suffers  some  hardships. 
Some  of  the  regular  men  every  day  must  work  late  at  night, 
and  on  each  day  some  must  begin  very  early.  The  prospects 
for  promotion  to  higher  positions  in  the  service  are  very 
meager.  Few  men  of  average  intelligence  and  ambition  and 
of  normal  strength  will  be  content  to  make  a  life’s  work 
of  these  positions.  The  labor  of  these  men,  if  it  can  properly 
be  called  skilled  labor  at  all,  is  not  far  removed  from 
common  labor.  When  these  positions  are  vacant  they  are 
easily  filled  with  recruits  from  the  ranks  of  common  labor. 
Their  necessities  are  those  of  the  average  citizen. 

The  revenues  of  the  company  would  be  but  slightly  in¬ 
creased,  if  at  all,  by  requiring  men  of  better  education  and 
skill.  This  means  that  the  work  is  such  that  an  average  man 
can  do  it  well. 

From  these  facts  it  would  appear  that  the  car  service  men 
can  not  command  as  high  a  wage  as  that  paid  to  the  skilled 
trades. 

Again,  large  numbers  of  men  are  seeking  employment  of 
the  company  for  the  places  these  men  abandoned  when  they 
called  the  strike.  The  supply  of  men  able  and  willing  to  ac¬ 
cept  positions  as  motormen  and  conductors  is  abundant.  This 


7  6 


fact  is  not  conclusive,  but  it  must  be  considered  in  determining 
a  just  and  reasonable  wage  for  these  men. 

There  is  much  evidence  in  the  record  showing  the  wages 
paid  to  car  service  men  in  other  cities  in  territory  surrounding 
Indianapolis.  Of  16  cities  cited  in  the  printed  argument  of 
counsel  for  the  company,  Nashville  and  Baltimore  are  the  only 
ones  having  a  lower  minimum  and  a  lower  maximum  hourly 
wage  than  this  city.  Cincinnati  begins  at  20  cents  and  reaches 
27  cents  at  the  end  of  12  years.  Columbus,  O.,  starts  at  20^2 
cents  and  ends  the  second  year  at  24  cents.  Louisville’s  mini¬ 
mum  is  21  cents  and  maximum  23  cents  at  the  end  of  the  third 
year.  Dayton’s  minimum  is  21  cents  and  maximum  25  cents. 
Springfield,  O.,  is  the  same  as  Dayton.  Washington,  D.  C.,  runs 
from  21^4  cents  to  23^2  cents.  Kansas  City,  21  cents  to  27 
cents  in  10  years ;  St.  Louis  begins  with  23  cents  and  reaches  27 
cents  the  fifth  year.  Buffalo’s  minimum  is  23  cents,  reaches 
27  cents  the  fifth  year  and  29  cents  the  tenth  year.  Toledo 
starts  with  23  cents  and  has  a  maximum  of  27  cents  the  fifth 
year.  Chicago  has  a  minimum  of  23  cents  and  a  maximum  of 
29  cents  the  tenth  year.  Pittsburgh  begins  with  a  minimum 
of  23 p2  cents  and  pays  a  maximum  of  30  cents  the  fifth  year. 
Detroit  has  a  minimum  of  —  and  a  maximum  of  32  cents. 

The  Indianapolis  Traction  and  Terminal  Company  pays 
an  annual  revenue  to  the  city  of  $30,000.00,  which  would  raise 
its  rate  perhaps  one  cent  per  hour.  Even  this  would  leave  it 
below  the  average  of  the  cities  cited. 

These  facts  support  the  contention  of  the  employes  in 
part,  but  refute  their  demand  for  a  flat  rate.  The  evidence 
shows  that  train  service  men  were  paid  .0021c  for  each  pas¬ 
senger  carried  in  1905,  and  .0029c  for  each  passenger  carried 
in  1913.  This  shows  that  the  wages  of  these  men  have  in¬ 
creased  faster  since  1905  than  the  earnings  of  the  company 


77 


from  the  passenger  service. 

We  think  it  would  be  profitable  to  consider  the  wages 
paid  in  other  pursuits.  Prof.  Nearing,  in  his  book  entitled 
“Wages  in  the  United  States,”  on  page  176,  says:  “That 
government  statistics  for  1909  show  that  only  7  per  cent,  of 
the  steam  railway  employes  of  the  United  States,  in  all  1,500,- 
000,  earned  more  than  $1,000.00  per  annum;  51  per  cent,  re¬ 
ceived  less  than  $625.00  per  annum.” 

The  same  author  says  (page  180)  that  21.1  per  cent,  of 
the  male  employes  of  the  Bell  Telephone  System  for  the  year 
1909  received  less  than  $600.00,  while  only  11  per  cent,  re¬ 
ceived  more  than  $960.00  per  annum. 

The  same  author  (page  185)  states,  that  of  the  classified 
male  earners  in  Massachusetts  in  1908,  72  per  cent,  received 
$15.00  per  week  and  less;  of  these  20  per  cent,  received  $20.00 
per  week  and  less,  and  only  8  per  cent,  received  above  $20.00 
per  week.  In  New  Jersey,  Kansas  and  Wisconsin  the  per¬ 
centage  is  still  lower  than  in  Massachusetts. 

On  pages  72  and  73  of  Vol.  1,  “Wages  and  Prices,”  is¬ 
sued  as  Senate  Doc.  63,  the  following  tables  of  average  yearly 
earning  of  employes  in  specified  industries  in  New  Jersey  and 
Wisconsin  are  set  out : 


New  Jersey,  1908. 

Artisans’  tools _ $548.08 

Boilers,  steam _ 618.27 

Brewery  products _ 902.40 

Brick  and  terra  cotta _ 430.00 

Chemical  products _ 521.03 

Cigars  and  tobacco _ 313.08 

Drawn  wire  and  wire  cloth- _  407.06 

Electrical  appliances  _ 628.52 

Furnaces,  ranges  and  heaters--  724. 17 

Glass  (window  and  bottle) _ 620.36 

Hats,  men’s  _ 585.85 


78 


Jewelry _ 601.81 

Leather  (tanning  and  furnish- 

ing)  - 613.50 

Lamps,  electric  and  others _ 386.85 

Machinery _ 598.81 

Metal  goods _ 474.86 

Oils _ 617.21 

Paper -  529-95 

Pottery  - 633.45 

Rubber  goods _ 521.17 

Ship  building _ 733.06 

Silk _ 441.61 

Steel  and  iron  ( structural)  __  689.44 

Steel  and  iron  (forging) _  554-36 

Woolen  and  worsted  goods__  390.27 

Twenty-five  industries _ 524.28 

Other  industries  _ 466.94 


All  industries,  2127 _ $500.41 


In  these  industries  there  was  an  average  net  decline  of 
3.3  per  cent,  in  wages  in  1908  as  compared  with  1907. 


Wisconsin,  1907. 


Agricultural  implements _ $597.28 

Artisans’  tools _ 506.24 

Beef  and  pork  packers -  543-3° 

Boots  and  shoes _ 426.17 

Brass  and  copper _  533-77 

Brick  and  tile _ 424.20 

Cigars  - 41 5-5° 

Clothing,  men’s  _ 391.21 

Clothing,  women’s _ 363.24 

Cotton  and  linen _ 304.80 

Electric  and  gas  supplies _ 524.06 

Flour  and  feed _  554-44 

Food  preparations _ 335. 80 

Hats  and  caps _ 477. 1 1 

Iron _ 546.14 

Leather  _ 481.51 


79 


Lime  and  cement _ 460.18 

Lumber  -  537-35 

Machinery _ 649.55 

Malt  liquors _ 602.46 

Paper  and  pulp _ 472.41 

Sheet  metal  _ 419.64 

Ship  and  boat  building _ 586.35 

Structural  iron _ 617.00 

Woolen  mills _ 366.00 


In  a  report  made  by  Charles  P.  Neill  in  1910,  it  is  stated 
that  61.2  per  cent,  of  the  Bethlehem  steel  workers  were  earn¬ 
ing  $625.00  per  year  or  less,  while  only  8.2  per  cent,  received  a 
yearly  wage  in  excess  of  $1,000.00. 

Nearing,  in  the  volume  quoted  from  on  page  173,  says: 
“The  conclusion  may  well  be  drawn  that  in  the  industries  of 
the  United  States  at  large  not  more  than  10  per  cent,  of  the 
adult  male  wage  earners  receive  annual  earnings  of  more  than 
$1,000.00.” 

One  of  the  elements  that  enters  into  the  determination  of 
the  wages  per  hour  is  the  constancy  of  the  employment.  A 
high  hourly  wage  is  usually  found  where  labor  is  suspended 
for  a  part  of  the  season,  as  in  the  building  trades. 

Now,  let  us  examine  the  wages  of  some  of  these  car  serv¬ 
ice  men. 

The  record  discloses  that  Matt  McCarty  received  the 
following  wages : 


June,  1913,  29  days _ $86.68 

July,  1913,  27  days _ 81. 11 

August,  1913,  30  days - 87.35 

September,  1913,  29  days _ 8936 


Average  for  4  months _ $86,125 


In  these  four  months  there  were  but  three  days  in  which 
he  worked  more  than  12  hours. 


80 


G.  D.  Miller,  as  motorman,  at  20  cents  per  hour,  earned 
the  following  wages : 


June,  1913,  28  days - $55- 11 

July,  1913,  21  days - 4372 

August,  1913,  30  days _ 59-88 

September,  1913,  27  days _ 53-28 


Average  monthly  wage _ $52.99 


His  average  unemployment  was  4  days  per  month. 

These  two  car  service  men  are  perhaps  representatives 
of  the  extremes, — this  is  the  results  of  the  minimum  and  maxi¬ 
mum  wage. 

It  is  in  evidence  that  the  Amalgamated  Association  of 
Street  and  Electric  Railway  Employes  of  America  pays  the 
officers  of  Local  No.  645,  with  a  membership  of  1,270,  the  fol¬ 
lowing  salaries:  President  and  business  agent,  $1,320.00; 
financial  secretary-treasurer,  $1,320.00  per  annum.  Mr.  Mc¬ 
Carty's  annual  wage  can  easily  reach  $1, 100.00.  Considering 
the  dress  suit  and  official  dignity  that  these  local  officials  will 
be  compelled  to  maintain,  this  union  is  fairly  subject  to  the 
charge  it  makes  against  the  Traction  and  Terminal  Company, 
pany. 

Viewed  from  another  angle  the  facts  are  interesting. 
The  property  owned  and  controlled  by  the  Traction  and  Ter¬ 
minal  Company  is  assessed  for  something  more  than  $8,000,- 
000.  It  ought  not  to  be  contended  that  this  is  the  fair  and 
reasonable  value  of  this  property.  The  common  observation 
of  men  is  the  other  way.  This  is  far  below  the  actual  value. 
The  capitalization  is  more  than  $26,000,000.00,  and  the  earn¬ 
ings  of  the  company  are  sufficient  to  pay  the  interest  on  the 
bonds,  provide  a  large  sinking  fund  and  dividends  on  all  the 
stocks,  with  a  small  deficit.  The  car  service  men  not  only 
paid  in  the  production  of  all  revenues  derived  from  the  move- 

81 


ment  of  the  cars.  It  appears  to  us  that  the  terminal  station 
yields  far  greater  rents  than  it  would  yield  if  cars  were  not 
operated. 

The  following  is  a  financial  statement  of  the  company 
for  1912 : 

Total  earnings,  1912 -  $3,343,640.03 

Operating  expenses,  1912 — 

Maintenance  way  and 

structures _ $366,240.81 

Maintenance,  equipment _ 217,228.11 

Operation  of  power  plant.  373,270.06 

Operation  of  cars _ 633,183.76 

General  expenses _ 288,240.67 


Total  operating  expenses _ 

Net  earnings _ 

Interest  on  bonds  and 
notes,  etc. : 

Citizens’  St.  RR.  Co., 

5%,  due  1933 - 

Inds.  St.  Ry.  Co.,  4% 

due  1933 - 

Inds.  T.  &  T.  Co.,  5% 

due  19  33 - 

Broad  Ripple  Tr.  Co., 

5%  due  1933 - 

Trust  equipment  notes _ 

Notes  payable _ 

Taxes  and  licenses _ 

Rental _ 


200,000.00 

240,000.00 

237,819.97 

5,000.00 

11,458-33 

2,466.40 

218,620.96 

302,614.94 


1,878,163.41 

1,465,476.62 


1,217,980.60 


Total  of  interest,  taxes 
and  rentals. 

Net  income _  247,496.02 

Dividends  on  capital  stock 

$5,000,000  _ 200.000.00  200,000.00 

Net  over  all _  47,496.02 

Sinking  funds  for  I.  T.  & 

T.  Co.  5%  bonds 


82 


58,200.00 


For  Inds.  St.  Ry.  Co.  4% 

bonds  -  50,000.00 

Making  deficit  for  the 

year -  60,703.98 


$108,200.00  $108,200.00 

The  present  wage  of  car  service  men  is  as  follows : 


In  continuous  service — 

One  year  or  less _ 20c  per  hour 

One  year  and  less  than  two  years _ 21c  per  hour 

Two  years  and  less  than  three  years _ 22c  per  hour 

Three  years  and  less  than  four  years _ 23c  per  hour 

Four  years  and  less  than  five  years _ 24c  per  hour 

Five  years  and  less  than  six  years _ 25c  per  hour 


We  think  these  employes  should  receive  a  reasonable 
increase  in  wages. 

2.  All  Employes  ( Except  Linemen)  Other  Than  Car 

Service  Men. 

We  have  carefully  considered  the  evidence  as  it  applies 
to  all  these  employes.  We  have  studied  their  conditions,  the 
nature  of  the  service  rendered,  and  the  conditions  surround¬ 
ing  them,  and  have  some  doubts  as  to  whether  there  should  be 
an  increase  of  their  wages  at  this  time.  However,  consider¬ 
ing  that  the  wages  now  fixed  will  prevail  for  three  (3)  years, 
unless  voluntarily  raised  by  the  company,  we  have  determined 
that  each  of  these  employes  shall  receive  a  small  increase  in 
wages. 

THEREFORE,  We  the  undersigned,  members  of  the 
Public  Service  Commission  of  Indiana,  sitting  as  a  Board  of 
Arbitration,  do  make  each  one  of  the  following  findings  and 
awards  numbered  consecutively  from  one  (1)  to  nineteen 
(19),  both  numbers  inclusive,  to-wit: 


83 


i.  No  run  shall  exceed  twelve  (12)  hours  in  length. 
Split  or  trip  runs  shall  not  exceed  an  aggregate  of  twelve  (12) 
hours  of  platform  service.  Each  run  shall  be  completed 
within  sixteen  (16)  hours  from  the  time  it  is  commenced. 
After  completing  a  run  no  motorman  or  conductor  shall  be 
required  or  permitted  to  continue  or  again  go  on  duty  without 
having  had  at  least  eight  (8)  hours  off  duty.  One  period  of 
twenty  (20)  minutes  in  each  run  shall  be  allowed  within 
which  to  eat  meals.  Overtime  shall  be  paid  for  at  the  regular 
rate. 


2.  Each  motorman  and  each  conductor  shall  be  per¬ 
mitted  and  required  to  remain  off  duty  on  the  first  day  of  the 
week,  commonly  called  Sunday,  at  least  once  in  each  calendar 
month.  The  company  shall  designate  the  particular  Sunday 
in  each  month  that  each  of  such  employes  shall  be  off  duty. 

3.  Each  conductor  and  each  motorman  shall  be  re¬ 
quired  to  report  at  the  proper  car  barn  ten  (10)  minutes  be¬ 
fore  time  for  taking  his  run.  Men  who  are  delayed  without 
their  fault,  by  reason  of  accidents  or  blockades  on  the  line, 
and  are  thereby  prevented  from  taking  out  their  runs  shall 
not  be  penalized  further  than  to  lose  their  runs  for  that  day 
only.  The  penalty  for  missing  runs  for  any  other  reason  than 
as  above  stated  shall  be  in  the  discretion  of  the  company. 
PROVIDED :  If  the  company  experiments  and  finds  that  re¬ 
porting  five  (5)  minutes  before  taking  out  the  runs  is  sufficient 
it  is  at  liberty  to  reduce  the  reporting  time  to  five  (5)  minutes. 

4.  The  company  shall  provide  at  all  times  a  working 
board  at  each  car  barn.  Said  board  shall  be  marked  up  for  the 
following  day  not  later  than  four  o’clock  p.  m.  (4:00  p.  m.) 
of  each  day.  A  list  of  extra  men  shall  be  made  up  at  the  time 
and  placed  in  plain  sight  so  that  extra  men  can  see  their  stand- 


84 


ing  for  work  and  the  names  of  such  extra  men  shall  be 
checked  as  such  men  get  a  run  or  miss. 

5.  The  company  shall  provide  and  maintain  a  book  at 
each  car  barn  in  which  the  name  of  an  employe  who  desires 
to  be  off  duty  shall  be  registered,  and  said  book  shall  be  so 
arranged  that  the  day  or  days  such  employe  desires  to  be 
off  duty  may  be  easily  and  accurately  indicated.  When  the 
employe  is  at  a  car  barn  when  making  such  request  he  shall 
register  his  own  name.  When  not  present  at  a  car  barn  the 
proper  custodian  of  such  book  shall  register  the  name  of  such 
employe  in  said  book  and  shall  properly  and  accurately  indi¬ 
cate  therein  the  day  or  days  upon  which  said  employe  desires 
to  be  off  duty.  Absence  from  duty  if  permitted  at  all  shall 
be  granted  in  the  order  shown  by  such  registration  in  said 
book.  But  such  registration  shall  not  entitle  any  employe  to 
be  off  duty  until  the  request  shall  have  been  granted  by  the 
proper  barn  foreman.  Any  employe  who  has  obtained  a  leave 
of  absence  may,  upon  notice  by  the  company  in  case  of  emer¬ 
gency,  be  again  required  to  report  for  duty.  But  in  case  such 
emergency  arises  the  men  shall  be  recalled  in  the  inverse  order 
of  their  registration.  In  granting  leave  to  be  off  duty  mem¬ 
bers  of  the  Grievance  Committee  of  the  Employes  shall  be 
given  preference  on  the  day  or  days  they  are  required  to 
meet  the  officials  of  the  company.  If  all  requests  cannot  be 
granted,  those  who  have  been  off  duty  within  the  last  sixty 
days  shall  first  be  refused. 

6.  The  president  and  the  secretary  of  any  labor  organi¬ 
zation  of  which  the  employes  of  the  compnay  may  at  any 
time  be  members  shall  each  upon  his  retirement  from  office  in 
such  organization  be  reinstated  in  his  former  position  with¬ 
out  impairment  of  seniority  rights  in  the  employment  of  the 
company.  PROVIDED,  however,  that  to  entitle  such  officers 

85 


of  such  organization  to  so  hold  his  seniority  rights,  he  shall  de¬ 
liver  to  the  president  of  the  company,  on  or  before  the  20th 
day  of  February  of  each  year  during  the  lifetime  of  this 
award,  a  written  request  therefor  and  a  written  statement 
that  such  reinstatement  shall  not  in  any  manner  be,  or  be  con¬ 
strued  to  be,  a  recognition  of  such  organization. 

7.  The  company  shall  not  be  required  to  change  the 
present  methods  of  cleaning  and  equipping  cars  and  stoves. 

8.  Each  extra  man  employed  as  motorman  or  as  con¬ 
ductor  shall  receive  the  wages  per  hour  hereinafter  in  this 
award,  provided,  and  depending  upon  his  term  of  continuous 
service  with  the  company.  If  the  wages  earned  by  such  extra 
man,  in  each  calendar  month  determined  as  above  do  not  equal 
the  sum  of  forty-five  dollars  ($45.00),  the  company  shall  pay 
him  at  the  end  of  each  calendar  month  such  a  sum  as  added  to 
the  wages  so  earned  will  make  the  total  earnings  equal  to 
forty-five  dollars  ($45.00)  :  PROVIDED,  That  the  com¬ 
pany  shall  deduct  from  the  money  so  added  above  the  wages 
earned,  the  value  of  any  runs  such  employe  missed  by  reason 
of  his  own  fault. 

9.  The  company  shall  furnish  to  each  employe  such  free 
transportation  as  is  necessarily  used  by  him  in  going  to  and 
from  his  work.  It  is  required  to  furnish  no  other  transporta¬ 
tion  to  employes. 

10.  In  case  of  emergency  conductors  shall  be  required 
to  work  as  motormen,  and  vice  versa.  The  barn  foreman  in 
charge  of  the  men  shall  determine  the  emergency. 

11.  The  Indianapolis  Traction  and  Terminal  Company 
shall  not  be  required  to  employ  only  members  of  a  labor  union 
organization.  No  one  now  in  the  employ  of  the  company,  or 


86 


that  may  be  hereafter  employed,  shall  be  required  to  become  a 
member  of  any  labor  organization.  The  company  shall  not 
discharge  any  man  solely  for  the  reason  that  he  is,  or  here¬ 
after  becomes,  a  member  of  such  organization.  There  shall  be 
no  discrimination  against,  or  interference  with,  any  employe 
who  is  not  a  member  of  any  labor  organization  by  any  employe 
who  is  a  member  of  any  labor  organization.  No  employe  who 
is  a  member  of  a  labor  organization  shall  be  discriminated 
against  or  interfered  with  by  the  company,  or  by  any  employe 
who  is  not  a  member  of  a  labor  organization. 

12.  Conductors  and  motormen  who  take  or  leave  their 
cars  at  points  other  than  their  barns  shall  be  paid  at  the  regu¬ 
lar  rate  for  the  time  necessarily  required  in  transportation 
from  the  barn  to  the  place  of  taking  or  leaving  the  car. 

13.  Motormen  and  conductors  shall  not  receive  extra 
pay  while  instructing  students. 

14.  Motormen  and  conductors  shall  receive  the  regular 
rate  of  pay  for  snow-plow  and  sweeper  work.  When  such 
work  is  performed  in  less  time  than  is  employed  in  their  regu¬ 
lar  runs,  such  employes  shall  receive  full  pay  for  the  number 
of  hours  composing  their  regular  runs.  While  doing  such 
work  meals  shall  be  furnished  by  the  company. 

15.  On  the  second  and  fourth  Tuesdays  of  each  month 
the  superintendent  of  the  company  shall,  on  notice,  give  a  fair 
and  impartial  hearing  to  discharged  or  suspended  employes. 
If  the  discharge  or  suspension  is  found  to  be  unjust  any  such 
employe  shall  be  reinstated  with  pay  at  regular  wages  for  time 
lost  by  such  suspension  or  discharge.  On  the  third  Tuesday 
of  each  month  the  president  of  the  company  shall  hear  any 
employe  who  desires  to  appeal  from  the  decision  of  the  super¬ 
intendent.  The  president  shall  correct  any  erroneous  decis- 


87 


ions  of  the  superintendent.  At  such  hearings  before  the  su¬ 
perintendent  or  president  of  the  company,  the  discharged  or 
suspended  employe  may  be  represented  by  any  employe  or 
employes  he  may  select. 

1 6.  That  any  difficulty  or  disagreement  arising  under 
this  award,  either  as  to  its  interpretation  or  application,  or 
arising  out  of  the  relations  of  the  employer  or  employes  dur¬ 
ing  the  lifetime  of  this  award,  which  can  not  be  settled  or 
adjusted  by  conference  between  the  officers  of  the  employer 
and  the  employe  or  employes  directly  interested,  shall  be  re¬ 
ferred  to  a  board  of  conciliation  or  arbitration,  appointed  as 
hereinafter  provided. 

Said  board  shall  consist  of  three  (3)  disinterested  mem¬ 
bers,  one  of  whom  shall  be  selected  by  the  judge  of  the  District 
Court  of  the  United  States  for  the  District  of  Indiana;  one 
member  shall  be  selected  by  the  chief  justice  of  the  Supreme 
Court  of  the  State  of  Indiana;  and  one  member  shall  be  se¬ 
lected  by  the  chief  judge  of  the  Appellate  Court  of  the  State 
of  Indiana. 

Such  board  of  arbitration  shall  constitute  a  permanent 
Court  of  Arbitration  during  the  lifetime  of  this  award.  Each 
member  of  said  board  shall  receive  just  and  reasonable  com¬ 
pensation  for  his  services,  such  compensation  to  be  paid  equal¬ 
ly  by  the  company  and  the  employes.  Necessary  stenographic 
forces  shall  be  employed  and  paid  for  equally  by  the  company 
and  the  employes. 

Said  three  judges  shall  confer  with  each  other  in  making 
said  appointments,  and  said  judges  shall  have  power  to  fill  any 
vacancies  that  may  occur  at  any  time  in  the  life  of  this  award 
on  said  board. 

Such  board  thus  constituted  shall  take  up  and  consider 
any  question  referred  to  it  by  the  company  or  by  the  employes, 


88 


and  shall  hear  both  parties  to  the  controversy  and  consider 
such  evidence  as  may  be  laid  before  it  by  either  party.  At  all 
hearings  before  this  board  either  party  may  be  represented  by 
such  person  or  persons  as  they  may  respectively  select. 

No  suspension  of  work  shall  take  place  by  strike  or  other¬ 
wise  pending  the  adjudication  of  any  matter  so  taken  up  for 
adjustment  by  said  board. 

Any  aw^ard  made  by  said  board  shall  be  binding  and 
final  during  the  lifetime  of  this  award.  In  any  proceedings 
before  said  board  the  moving  party  shall  have  the  burden  of 
proof :  PROVIDED,  That  if  any  discharged  employe  shall 
institute  proceedings  before  said  board  of  arbitration  for  the 
purpose  of  being  reinstated  in  his  employment  with  the  com¬ 
pany,  said  board  of  arbitration  shall  not  have  power  to  rein¬ 
state  such  discharged  employe  if  upon  the  hearing  there  is  a 
reasonable  and  strong  suspicion  that  such  employe  was  guilty 
of  the  offense  for  which  he  was  discharged. 

17.  The  wages  of  motormen  and  conductors  shall  be  as 


follows : 

In  continuous  service — 

One  year  or  less _ 21c  per  hour 

One  year  and  less  than  two  years _ 23c  per  hour 

Two  years  and  less  than  three  years _ 24c  per  hour 

Three  years  and  less  than  four  years _ 25c  per  hour 

Four  years  and  less  than  five  years _ 26c  per  hour 

Five  years  or  more _ 27c  per  hour 

Each  extra  motorman  and  conductor  shall  be  paid  as 


provided  for  in  award  Number  Eight  (8)  hereinabove  set  out. 

xA.ll  other  employes  of  the  company  (except  linemen) 
shall  receive  a  five  per  cent.  (5%)  increase  of  wages. 

All  wages  shall  be  paid  at  the  times  provided  by  law. 

18.  The  findings  and  awards  of  this  commission  shall 
be  effective  as  of  the  eighth  day  of  November,  1913,  and  shall 

89 


continue  in  force  and  effect  until  the  eighth  day  of  November, 
1916 :  PROVIDED,  That  the  company  shall  have  a  period  of 
sixty  days  in  which  to  revise  its  schedules  and  to  determine 
what  motormen  and  what  conductors  shall  be  required  to  re¬ 
main  off  duty  on  each  particular  Sunday. 

19.  On  every  point  in  controversy,  stated  in  any  griev¬ 
ance  or  in  any  part  of  any  grievance  and  upon  which  we  have 
not  made  a  specific  finding  and  award,  our  finding  and  award 
is  for  the  company. 

Respectfully  submitted, 

Thomas  Duncan, 

Chairman. 
John  F.  McClure, 

Frank  E.  Payne, 

Charles  J.  Murphy, 

James  L.  Clark, 

Arbitrators. 

Dated  at  Indianapolis,  February  9th,  1914. 


90 


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